Blended Royalty Rate Sample Clauses

Blended Royalty Rate. The Parties acknowledge and agree that [***] justify royalties of differing amounts [***], which royalties could be applied separately to [***], and/or [***] on the one hand and [***] and/or [***] on the other hand, and that if such royalties were calculated separately, royalties [***] would last for different terms. The Parties further acknowledge and agree that the royalty rate [***] would be [***] in the absence of the Parties’ agreement to adopt a blended royalty rate as set forth herein and that the terms and structure set forth in this Section 6 were agreed upon for convenience purposes and represent the fair market value of the rights granted hereunder as determined and agreed upon by the Parties.

Blended Royalty Rate. Avatao acknowledges and agrees that royalties may become payable hereunder for a Licensed Test for which there are no Licensed Patent Rights and that such royalties are in consideration of each of the following, separately and together, which have substantial economic benefit to Avatao: (i) Rosetta’s expertise and know-how relating to Licensed Tests; (ii) Rosetta’s research and development activities with respect to Licensed Tests conducted prior to the Effective Date: (iii) the licenses granted to Avatao hereunder with respect to Licensed Technology that is not within the claims of any Licensed Patent Rights; (iv) Rosetta’s development of international recognition of Licensed Tests; and (v) the exclusivity and “head staff’ in the Licensed Field afforded to Avatao by each of the foregoing. The Parties agree that the royalty rates set forth herein reflect an efficient and reasonable blended allocation of the values provided by Rosetta to Avatao.

Blended Royalty Rate. The Parties acknowledge and agree that the Licensed Technology licensed pursuant to this Agreement justify royalties of differing amounts with respect to sales of the Licensed Product, which royalties could be applied separately to the Licensed Product involving the exercise of such Licensed Patent Rights and/or the incorporation of such Licensor Know How, and that if such royalties were calculated separately, royalties relating to the Licensed Patent Rights and Licensed Know How would last for different terms. Notwithstanding the foregoing, the Parties have determined for reasons of convenience, that the blended royalty rates set forth above will apply during the Royalty Term.