Combination Sales. If Station’s Gross Revenue is combined with revenue from any other station(s) that LICENSEE owns, operates, or controls (e.g., revenue from a combined advertising sale), the combination revenue shall be allocated among the station(s) on a reasonable basis, taking into account factors such as, but not limited to, separate sales by the station(s) for comparable facilities during the immediately preceding two (2) months and the relative ratings of the station(s) during such period.
Combination Sales. In the event any of the Products are packaged or combined with any other products for sale in any country, the royalties payable with respect to sales of such Product shall be calculated on the price of the Product as if such Product had continued to be sold alone.
Combination Sales. If BioTrove sells a Licensed Product or Products in combination with other products which are not Licensed Products (“Other Items”), the Net Sales for purposes of determining Royalty payments on the combination product shall be calculated as follows: S00-099:MMM Exclusive Agreement 5/26/2004
(A) If all Licensed Products and Other Items contained in the combination are available separately, the Net Sales for purposes of the royalty payments will be calculated by multiplying the Net Sales of the combination by the fraction A/A+B, where A is the selling price of all Licensed Products in the combination, and B is the selling price of all Other Items in the combination.
(B) If the combination includes Other Items which are not sold separately (but all Licensed Products are available separately), the Net Sales for purposes of royalty payments will be calculated by multiplying the Net Sales of the combination by A/C, where A is defined above and C is the selling price of the combination.
(C) If neither the Licensed Products nor the Other Items contained in the combination are sold separately, the Net Sales for the purpose of calculating the royalty payments will be calculated by multiplying the Net Sales of the combination by the fraction D/D+E, where D is the Cost of all Licensed Products in the combination and E is the Cost of all Other Items in the combination.
(D) As used herein, “Cost” means standard fully-absorbed cost arrived at using the standard accounting procedures of Licensee in accordance with generally-accepted accounting practices
Combination Sales. If COMPANY sells a LICENSED PRODUCT or PRODUCTS in combination with other products that are not LICENSED PRODUCTS (“OTHER ITEMS”), the NET SALES for purposes of Royalty payments on the combination shall be calculated as follows: If all LICENSED PRODUCTS and OTHER ITEMS contained in the combination are available separately, the NET SALES for purposes of the royalty payments will be calculated by multiplying the NET SALES of the combination by the fraction A/(A+B), where A is the selling price of all LICENSED PRODUCTS in the combination, and B is the selling price of all OTHER ITEMS in the combination. If the combination includes OTHER ITEMS which are not sold separately (but all LICENSED PRODUCTS are available separately), the NET SALES for purposes of royalty payments is the selling price of all LICENSED PRODUCTS in the combination.
Combination Sales. In the event that a Kit is sold by BIO-RAD in ----------------- combination with another test not for the Luminex100 System and is priced as a single combined unit, the portion of Net Sales attributable --------------- [**] Indicates that material has been omitted and confidential treatment requested therefor. All such material has been filed separately with the Commission pursuant to Rule 406. to the Kit shall be calculated by multiplying the total net sales for the combination by the fraction A/B, where "A" is BIO-RAD list price for the Kit and "B" is the sum of BIO-RAD list price for the Kit and BIO-RAD list prices of the other products sold in combination with the Kit. If BIO-RAD does not have a separate list price for the Kit or such other products, BIO-RAD and LUMINEX agree to negotiate in good faith a reasonable allocation.
Combination Sales. If the use of the broadcasting facilities of the station is sold in combination with any other stations that you own, operate or control that are licensed by us under this Agreement, the combination revenue shall be allocated among the stations on a reasonable basis taking into account factors such as, but not limited to, separate sales by the stations for comparable facilities during the report period or the immediately preceding period, and the relative ratings of the stations during the report period.
Combination Sales. If a Product is sold as a Combination Product (a “Combination Sale”), the Net Sales for such Combination Product shall be the portion of such Combination Sale allocable to the Compound determined as follows: Except as provided below, the Net Sales amount for a Combination Sale shall equal the [*], where: [*]. Where the calculation of Net Sales resulting from a Combination Sale in a country cannot be determined by the foregoing method, the calculation of Net Sales for such Combination Sale shall be [*]. EXCEPT THAT the Net Sales of a Combination Product shall not be reduced by any fraction if:
Combination Sales. If the use of the broadcasting facilities of the station is sold in combination with any other stations that you own, operate or control that are licensed by us under this Agreement, the combination revenue shall be allocated among Case 2:13-cv-04460-GHK-MRW Document 126-2 Filed 07/22/14 Page 8 of 22 Page ID #:1391 the stations on a reasonable basis taking into account factors such as, but not limited to, separate sales by the stations for comparable facilities during the report period or the immediately preceding period, and the relative ratings of the stations during the report period.
Combination Sales. If COMPANY sells a LICENSED PRODUCT or PRODUCTS in combination with other products that are not LICENSED PRODUCTS (“OTHER ITEMS”), the NET SALES for purposes of Royalty payments on the combination shall be calculated as follows: If all LICENSED PRODUCTS and OTHER ITEMS contained in the combination are available separately, the NET SALES for purposes of the royalty payments will be calculated by multiplying the NET SALES of the combination by the fraction A/(A+B), where A is the selling price of all LICENSED PRODUCTS in the combination, and B is the selling price of all OTHER ITEMS in the combination. If the combination includes OTHER ITEMS which are not sold separately (but all LICENSED PRODUCTS are available separately), the NET SALES for purposes of royalty payments is the selling price of all LICENSED PRODUCTS in the combination. (i) Equity. COMPANY shall issue a total of [***] shares of Common Stock of COMPANY, $[.01] par value per share, (the “Shares”) in the name of M.I.T. COMPANY represents to M.I.T. that, as of the Effective Date, the aggregate number of Shares equals [***] of the COMPANY’s issued and outstanding Common Stock calculated on a “Fully Diluted Basis.” For purposes of Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.
Combination Sales. Even if the USB 3.0 Transceiver IP or SyMagic Transceivers, as applicable, are sold or licensed by Synapse or NeoMagic, respectively, in combination with one or more other products or services, the Synapse Royalty and NeoMagic Royalty will be payable only on the portion of such combined price attributable to the USB 3.0 Transceiver IP or SyMagic Transceivers, as applicable. Such portion will be determined in good faith by the Parties.
