Basic Royalty. In consideration of the license granted hereunder, MBI shall pay to UHN, without duplication, in respect of each Licensed Product:
(a) in each country in the Territory where the Licensed Product sold is covered by one or more Valid Claims within the Licensed Patents, either in the country of manufacture or in the country of sale, a royalty of [*]% of Net Revenues of such Licensed Product received by MBI and its Affiliates; and
(b) in each country in the Territory where there is no Valid Patent Claim either in the country of manufacture or in the country of sale, but Licensed Technology is necessary to make, have made, use, sell, offer for sale or import the Licensed Product, either in the country of manufacture or in the country of sale, a royalty of [*]% of Net Revenues received by MBI and its Affiliates; * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. in each of Subsections 3.4(a) and 3.4(b), until the later of either:
(c) the date of expiration of the last Valid Patent Claim within the Licensed Patents covering the Licensed Product in the country of manufacture or sale, as applicable; or
(d) the expiration of 15 years after the first commercial sale of such Licensed Product in the country of sale. After the first commercial sale of a Licensed Product incorporating a Valid Patent Claim under the Licensed Technology in any jurisdiction in the Territory, the royalties under this Section 3.4 shall be subject to a cumulative minimum payment of $[*] in each Quarter Yearly Period during the Term. For purposes of clarification, no multiple royalties shall be due or payable under this Section 3.4 because the sale or manufacture of any Licensed Product is or shall be covered by more than one Valid Patent Claim within the Licensed Patents in the country of manufacture and/or the country of sale.
Basic Royalty. In consideration of the license granted under Article 3, Poniard shall pay to AnorMED, without duplication, in respect of each Licensed Product:
(a) for all Patent Pending Counties where no Competition exists and all Issued Patent Countries, a royalty on Net Sales of such Licensed Product by Poniard and its Affiliates and any Sublicenses in each calendar year as follows:
i. five percent (5%) of the first one hundred million dollars (US$100,000,000) of such Net Sales in the calendar year, calculated cumulatively among all Patent Pending Counties where no Competition exists and all Issued Patent Countries, world-wide;
ii. six percent (6%) of such Net Sales in excess of the first one hundred million dollars (US$100,000.000) but less than four hundred million dollars (US$400,000,000) in the calendar year, where such amounts are calculated cumulatively among all Patent Pending Countries where no Competition exists and all Issued Patent Counties, world-wide:
iii. eight Percent (8%) of such Net Sales in excess of the first four hundred million dollars (US$400,000,000) but less than one billion dollars (US$ 1,000,000,000) in the calendar year, where such amounts are calculated cumulatively among all Patent Pending Counties where no Competition exists and all Issued Patent Countries, world-wide; and
iv. nine percent (9%) of such Net Sales in excess of one billion dollars (USS1,000,000,000) in the calendar year, calculated cumulatively among all Patent Pending Counties where no Competition exists and all Issued Patent Counties, world-wide; and
(b) for all Patent Pending Countries where Competition exists and all Know-How Counties, a royalty on Net Sales of such Licensed Product by Poniard and its Affiliates and any Sublicensees in each calendar year as follows
i. two and ono-half percent (2 1/2%) of the first one hundred million dollars (US$100,000,000) of such Net Sales in the calendar year, calculated cumulatively among all Patent Pending Counties where Competition exists and all Know-How Countries, world-wide;
ii. three percent (3%) of such Net Sales in excess of the first one hundred million dollars (US$ 100,000,000) but less than four hundred million dollars (US$400,000,00) in the calendar year, where such amounts are calculated cumulatively among all Patent Pending Countries where Competition exists and all Know-How Countries, world-wide;
iii. four percent (4%) of such Net Sales in excess of the first four hundred million dollars (US$400,000,000) but less than...
Basic Royalty. Except as provided in Section 5.5 below, for a period of five (5) years commencing on the date the first sale of Products (the “Royalty Period”), StemSpine shall pay to Seller a royalty payment of 5% of the Gross Sales of the Products (the “Basic Royalty”). At the option of StemSpine, the Basic Royalty payments can be satisfied in cash or CELZ Stock at a discount of 30% of the CELZ Stock Market Price determined as of the commencement of the Royalty Period and at the end of each 12 months thereafter during the Royalty Period.
Basic Royalty. Subject to the application of Subsections 2.3(2), Resource Company shall pay to RLP for each Royalty Period an amount (the “Basic Royalty”) which shall be computed as follows: Basic Royalty = A x B where
A. is the Basic Royalty Rate in effect for such Royalty Period; and
B. is Production Results for such Royalty Period; NPI - In addition to the Basic Royalty, Resource Company shall pay annually the percentage of Net Profits as set forth in Schedule L hereof in the manner set out in this Agreement commencing on January 1, 2011 up to and including December 31, 2014.
Basic Royalty. With respect to Licensee’ exploitation of Limited Downloads and On-Demand Streams, Licensee shall, during each calendar quarter beginning on the earlier of Licensee’s launch of the Service and November 15, 2006, and for every calendar quarter thereafter (each, a “Quarterly Accounting Period”), pay to EMI a royalty equal to ten percent (10%) of Gross Revenue multiplied by the EMI Basic Royalty Share (defined below). The “EMI Basic Royalty Share” shall equal a fraction, the numerator of which shall be the sum of (a) the number of times all Digital Files embodying Relevant Master Recordings that have been distributed to Users via the Service as Limited Downloads have been played by such Users during the relevant Quarterly Accounting Period and (b) the number of times all Digital Files embodying Relevant Master Recordings have been distributed to and played by Users as On Demand Streams during the relevant Quarterly Accounting Period (with an appropriate adjustment made for Relevant Master Recordings that embody a partially-owned or partially controlled EMI Composition, by multiplying the number of plays of each such Relevant Master Recording by EMI’s percentage interest in the EMI Composition embodied therein), and the denominator of which shall be the sum of (x) the number of times all Digital Files embodying Master Recordings that have been distributed to Users via the Service as Limited Downloads have been played by such Users during the relevant Quarterly Accounting Period and (y) the number of times all Digital Files embodying Master Recordings have been distributed to and played by Users as On-Demand Streams during the relevant Quarterly Accounting Period.
Basic Royalty. In consideration of the license granted under Article 3, Poniard shall pay to AnorMED, without duplication, in respect of each Licensed Product:
(a) for all Patent Pending Countries where no Competition exists and all Issued Patent Countries, a royalty on Net Sales of such Licensed Product by Poniard and its Affiliates and any Sublicensees in each calendar year as follows:
(i) [intentionally omitted];
(ii) [intentionally omitted];
(iii) [intentionally omitted]; and
(iv) [intentionally omitted];and
(b) for all Patent Pending Countries where Competition exists and all Know-How Countries, a royalty on Net Sales of such Licensed Product by Poniard and its Affiliates and any Sublicensees in each calendar year as follows:
(i) [intentionally omitted];
(ii) [intentionally omitted];
(iii) [intentionally omitted];and
(iv) [intentionally omitted]; in each of Subsections 7.2(a) and 7.2(b), until the later of either:
(c) the date of expiration of the last Valid Claim within the AnorMED Patents covering the Licensed Product in the country of manufacture or sale, as applicable; or
(d) the expiration of 10 years after First Commercial Sale of such Licensed Product in the country of sale. For the purposes of this Section 7.2:
Basic Royalty. A.1 Licensee agrees to pay to Licensor the following royalties on the sales of Masters.
Basic Royalty. TTI shall pay a royalty of
(a) three percent (3%) of Net Revenues from Product covered by a Valid Claim; or
(b) one percent (1%) of Net Revenues from Product that is not covered by a Valid Claim but uses Licensed Technology. Royalty payments shall be made on Net Revenues received by TTI in each Quarter Yearly Period. Payment(s) shall be made within thirty (30) days of the end of each Quarter Yearly Period. In the event that TTI obtains a license from a third party in respect of intellectual property rights of said third party which are reasonably useful for the development of a Product or Service or further essentially required for the sale of a Product or Services, TTI’s’ royalty payments under this Section 3.3 shall be reduced by the amount payable by TTI to such third party that is allocable to the sale of Product or Service (whether such payments take the form of royalties, milestone payments or otherwise); provided however, that in no event will a deduction, or deductions, under this Section 3.5 reduce any royalty payment to Institutions in respect of Net Revenues of Product or Service by more than fifty percent (50%). If, but for the proviso in the preceding sentence, the deduction under this Section 3.5 would have reduced a royalty payment to Institutions by more than fifty percent (50%), the amount of such deduction that exceeds fifty percent (50%) shall not be carried over to subsequent or future royalty payments owed by TTI to Institutions.
Basic Royalty. In consideration of the license granted under Article 3, NeoRx shall pay to AnorMED, without duplication, in respect of each Licensed Product:
(a) in each country in the Territory where the Licensed Product sold is covered by one or more Valid Claims [*]; and
(b) in each country in the Territory where the Licensed Product sold is covered by one or more Valid Claims [*]; and
(c) in each country in the Territory where the Licensed Product sold is covered by one or more Valid Claims [*]; and
(d) in each country in the Territory where there is no Valid Claim [*]; in each of Subsections 7.2(a), 7.2(b), 7.2(c) and 7.2(d), until the later of either:
(e) the date of expiration of the last Valid Claim within the AnorMED Patents covering the Licensed Product in the country of manufacture or sale, as applicable; or
(f) the expiration of [*] after First Commercial Sale of such Licensed Product in the country of sale. For the purposes of this Section 7.2, “control” in the definition of Affiliate shall mean direct or indirect beneficial ownership of [*] in the income of a Person or such other relationship as, in fact, constitutes actual control. For purposes of clarification, no multiple royalties shall be due or payable under this Section 7.2 because the sale or manufacture of any Licensed Product is or shall be covered by more than one Valid Claim within the AnorMED Patents in the country of manufacture and/or the country of sale.
Basic Royalty. Subject to section 5.2, in consideration of the license granted by this Agreement, Licensee shall pay a basic royalty of three percent (3%) of Net Sales of Licensed Products and Licensed Processes by Licensee and its Affiliates and its non-affiliated third party sublicensees.
