Calculation of Royalty. The Working Interest Owner in each Tract shall calculate the royalty for that Tract:
(a) on the total amount of Production Allocation Substances produced from the Well, and
(b) at the rate under the Lease or pursuant to the Mines and Minerals Act, as the case may be, and shall pay or deliver to the Royalty Interest Owner in the Tract a royalty share of production based on the amount of Production Allocation Substances allocated to the Tract.
Calculation of Royalty. If and for so long as the Net Profits Royalty is payable in respect of the Properties, <@> shall calculate, as of the end of each calendar quarter ending after the date of commencement of Commercial Production on each of the <@> Properties, the Gross Revenue, Expenditures and Net Profits for each of the <@> Properties for such quarter.
Calculation of Royalty. Royalty tiers pursuant to 5.4.1.1 and 5.4.1.2 shall be calculated based on worldwide Net Sales of each Product, provided that the determination of whether the royalty shall be calculated under 5.4.1.1(b) and/or 5.4.1.2 shall be determined on a country-by-country basis. Royalties on each Product at the rates set forth above shall continue on a country-by-country basis until the expiration of the later of: (i) the last-to-expire Valid Patent Claim; or (ii) for a period of ten (10) years after First Commercial Sale of such Product in such country (the “Royalty Period”). All royalties are subject to the following conditions:
Calculation of Royalty. The calculation of the accrued royalties payable hereunder shall be based on Net Sales converted to U.S. dollars using standard conversion methodology, which is consistent with GAAP. The standard conversion methodology for sales is based on monthly averages (the spot rate for the end of the month immediately prior to that which payment is due plus the spot rate for the month ending when payment is due divided by two), using central bank fixing rates in countries where available and open market rates otherwise.
Calculation of Royalty. (a) The Company shall pay to the State a royalty at the rate of [ _x%_ ] (the “Royalty Rate”) on all Minerals produced, saved and sold or otherwise disposed of from the Mining Area. Royalty shall be calculated as follows:
Calculation of Royalty. (a) The Company must pay to the Government a Royalty calculated at the Royalty Rate set forth in Section 1.1 on all Minerals produced and sold from the Mining Area, and on other minerals at a rate, amount of product and value to be agreed between the Government and the Company, in accordance with this Section 5.1.
(b) If minerals other than those defined as “Minerals” in Section 1.1 are produced from the Mining Area and are sold separately, Royalty and export duty must be paid to the Government at the same Royalty Rate applicable to [insert relevant Mineral]. The value of such minerals shall be based on the international fair market value of such minerals, determined, in the absence of published international market prices for such minerals in such manner as agreed by the Parties. Any issue or disagreement between the Parties on the international fair market value of such minerals that may arise between the Parties must be referred to an Independent Sole Expert. The Independent Sole Expert shall act on the following basis: arbitrator;
(i) The Independent Sole Expert shall act as expert and not as
(ii) The items or items in dispute shall be notified to the Independent Sole Expert in writing by the Parties within ten (10) Days of the Independent Sole Expert’s appointment;
(iii) The Independent Sole Expert shall decide the procedure to be followed in the determination;
(iv) The determination of the Independent Sole Expert shall (in the absence of manifest error) be final and binding on the Parties; and
(v) The costs of the determination, including fees and expenses of the Independent Sole Expert, shall be borne equally between the Parties.
(c) Royalties shall not be paid on sand, gravel or other construction materials produced in the Mining Area and used internally by the Company in construction of any of its facilities or infrastructure or in mining Operations.
Calculation of Royalty. In consideration of the rights and licenses granted herein with respect to use of the Marks by or on behalf of Licensee, solely in the event that Licensor and its Affiliates own or control, in the aggregate, less than thirty percent (30%) of the total equity in Licensee, Licensee shall pay to Licensor during the Term an annual royalty (the “Royalty” or “Royalties”) equal to (a) two percent (2%) of Gross Sales (as such term is defined below) from the sale of goods manufactured by or for Licensee (and its Subsidiaries and sublicensees) and (b) one percent (1%) of Gross Sales from the sale of goods distributed by Licensee (and its Subsidiaries and sublicensees) but not manufactured by or for Licensee (or its Subsidiaries or sublicensees). For clarity, Gross Sales from the sale of goods distributed by any Subsidiary shall be included in the computation of the Royalties regardless of whether any such Subsidiary is party to any sublicense granted under the terms and conditions of Section 1.2. Such Royalties shall accrue from and after the effective date of any transaction or other occurrence resulting Licensor and its Affiliates owning or controlling less than thirty percent (30%) of the total equity in Licensee. All Royalty payments, if any, shall be due and payable to Licensor not later than sixty (60) days following the end of each applicable calendar year during the Term; provided, however, that, in the event that, during any applicable period during which Royalties were accrued, Licensee did not realize a Net Profit (as such term is defined below), Licensee’s obligation to pay such Royalties shall be held in abeyance until the earlier of (y) sixty (60) days following the end of any subsequent calendar year in which Licensee realizes a Net Profit or (z) an initial public offering of Licensee. As used herein, the term “Gross Sales” means all revenue recorded in accordance with GAAP and/or Chinese GAAP (as such terms are defined in the Formation Agreement) by Licensee and its Subsidiaries and sublicensees during any applicable period, whether or not Licensee or any such Subsidiary used the Marks in connection with the products, goods, services or other offerings from which such revenue was derived, but excluding revenue solely from Excluded Operations (as defined below) but only to
Calculation of Royalty. All Production Royalties shall be calculated on a calendar-quarter basis, and shall be paid to Lessor following the end of each quarter, within thirty days after receipt by Lessee of final payment during that quarter for such ores or products. Production Royalty shall not be paid on ores or products which are stockpiled upon the Leased Premises, or which are not recovered and sold by the Lessee or for which payment is not made to the Lessee by the purchaser thereof. Failure to pay Production Royalty to Lessor when due shall be grounds for Lessor to cancel Part B of the Combined Lease Agreement if payment is not made within 30 days after Lessor delivers written notice to Lessee.
Calculation of Royalty. 6.1.1 Xxxxxxxx shall pay Keurig a royalty based on the number of Xxxxxxxx K-Cups shipped per Xxxxxxxx fiscal period (thirteen 4-week periods per year). The royalty payment shall be the Xxxxxxxx K-Cup unit shipments, less the number of Xxxxxxxx K-Cups returned by Xxxxxxxx customers within the Xxxxxxxx K-Cup BUBD, times the combined total of the Base Royalty Rate plus any applicable Rental Royalty Rate as set forth in Section 6.1.2. Xxxxxxxx agrees to provide Keurig a detailed report that separately specifies Xxxxxxxx K-Cup unit shipments by variety on a weekly basis for the prior week and use this as the base for the fiscal period royalty calculation and payment. The “Base Royalty Rate” of [* * *] cents shall be reduced by a Volume Incentive in accordance with the “Royalty Rate Schedule” as set forth below and shall be calculated at the beginning of each Xxxxxxxx fiscal quarter based on the Xxxxxxxx K-Cup unit shipment volume of the immediately preceding three calendar months, net of returns made within the Xxxxxxxx K-Cup BUBD. Such Base Royalty Rate may increase or decrease based on the prior three calendar month’s shipments in accordance with the Royalty Rate Schedule below. [* * *] [* * *] [* * *] [* * *] [* * *] $ 0. [* * *] [* * *] - $ 0. [* * *] $ 0. [* * *] [* * *] - $ 0. [* * *] $ 0. [* * *] [* * *] - $ 0. [* * *] $ 0. [* * *] [* * *] - $ 0. [* * *] $ 0. [* * *] [* * *] - $ 0. [* * *] $ 0. [* * *] No minimum royalty payments shall be payable to Keurig, provided however, that Keurig shall not be required to install subsequent Packaging Lines not justified by Pursuant to 17 CFR 240.24b-2, confidential information has been omitted in places marked “[* * *]” and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application filed with the Commission. forecasts as provided in Section 3.3.1 (unless necessitated by defects as provided in Section 3.1.6) unless the Parties have agreed to minimum royalties.
6.1.2 The Rental Royalty Rate of [* * *] cents per Xxxxxxxx K-Cup shipped shall be additive to the Base Royalty Rate unless and until Xxxxxxxx purchases the Packaging Lines in accordance with Section 4. Notwithstanding the foregoing, should Xxxxxxxx procure Xxxxxxxx K-Cups from an ACM as set forth in Section 2.5 and, if that ACM uses Keurig owned Packaging Lines to produce such Xxxxxxxx K-Cups, then Xxxxxxxx shall pay to Keurig the Rental Royalty Rate on such Xxxxxxxx K-Cups shipped by the ACM to Xxxx...
Calculation of Royalty. (a) The Royalty to be paid by MFCB shall be an amount equal to 10% of the Free Cash Flow up to an aggregate maximum of US$10,000.000 (the "Royalty Cap"), payable in accordance with clause 2.3. For greater certainty, if for any Royalty Period, there is no Free Cash Flow or the same is a negative amount, no Royalty shall be paid or payable by MFCB hereunder for such period.
(b) For the purposes of calculating the amount of the Royalty, "FREE CASH FLOW" means the actual proceeds of sale from all cobalt and other minerals produced from the Mining Operations received by KCCL or Banff during each Royalty Period less the Cash Costs incurred during that Royalty Period. For the purposes of this definition, in the case of any disposal of cobalt or other minerals by KCCL which is not at a sale on arms length commercial terms, KCCL will be taken to have received at the time at which that disposal took place proceeds of sale equal to the proceeds of sale which it would be reasonable to expect that KCCL would have received had that disposal been a sale at arms length commercial terms.
