Commercial Exploitation. 8.1 The BBC shall pay to the Writer sums equal to the shares of its revenues from exploitation set out in Schedule Ten or credit the same amount against any Advance paid under Schedule One, Seven and Eight and subject also to the following sub-clauses of this clause 8.
8.2 The minimum terms applicable to the exercise of Videogram Rights by the BBC are set out in Schedule Eleven.
8.3 By signing the Deal Memo, the Writer and the BBC agree and understand that the fee, residual or royalty for any usage of the Script for which a payment has not been specifically set out in this Agreement shall be subject to determination in accordance with the mechanism of the Forum.
8.4 Where the Writer has written the Script jointly with another writer or writers who have been separately commissioned then the Writer shall be entitled to a share which in the absence of agreement to the contrary shall bear the same proportion to the full royalty as the Writer’s Fee bears to the aggregate of the Writer’s Fee and the other writers’ Fees.
8.5 If any script by another writer or other featured material is with the consent of the Writer (which shall not be unreasonably withheld) included in a product sold in exercise of the Download to Own Rights or by way of Audio Publication, the Writer shall receive such proportionate share of the royalties set out in Schedule Ten as the Script (if written by the Writer alone) bears to the total number of scripts included in the product or such lesser amount as the Writer may agree if such scripts are the same duration. If the scripts included in the product are of different durations the BBC will consult with the writers concerned and agree an appropriate apportionment of royalties prior to exploitation of such rights.
8.6 In order to take account of the specific requirements of third party co-financiers or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy-out of the Writer’s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement. In these negotiations the BBC will take into account the market value of the additional rights that it is seeking to buy out.
Commercial Exploitation. The Contractor shall not commercially exploit the results of this Contract without the prior approval, in writing, of the Authority’s Commercial Services Department.
Commercial Exploitation. In case Contractor intends to commercially exploit the Knowledge or products embodying part or all of the Knowledge, prior to such exploitation, the Parties shall negotiate a profit-sharing agreement, including also AO Foundation’s royalties.
Commercial Exploitation. (i) Commercial Audio Release
Commercial Exploitation. You must obtain our prior written consent before undertaking or entering into any agreement with a third party in respect of the development, exploitation or commercialisation of intellectual property which has been wholly or partially funded by the Grant (Project IP). As a condition of our consent we may require you to enter into a revenue and equity sharing agreement in respect of the proposed use of Project IP.
Commercial Exploitation. 5.1 BASF agrees to supply Cardax with up to [***] kg of Product for use by Cardax in preclinical and human clinical trials, to be supplied at the prices and on the terms and conditions set forth in Appendix 1.
5.2 [***], BASF shall exclusively manufacture the Product for Cardax or its licensees for use as an intermediate in the manufacture of or as an ingredient in human pharmaceutical or [***] compounds, and Cardax or its licensee shall exclusively purchase from BASF all of its clinical trial and commercial requirements of Product for such use. The Parties agree that the supply and purchase of Products shall further be governed by the terms outlined in Appendix 2 hereto and such further terms as may be set out in a definitive Supply Agreement to be negotiated in good faith by the Parties and that the Parties shall, prior to the commencement by Cardax of the first [***] of a compound which utilizes [***] as an [***] or as an [***] (the “Supply Date”), conclude a written Supply Agreement in accordance with such terms. In case Cardax decides to transfer Cardax’s Interests to a third party, Cardax shall procure that such third party assumes the obligations of Cardax under the Supply Agreement, including the obligation to exclusively purchase the Product from BASF, and, subject to such assumption by the third party, BASF shall perform its obligations under the Supply Agreement for the benefit of the third party, including the obligation to exclusively manufacture the Product for the third party and its licensees.
5.3 In consideration of the rights granted pursuant to this Agreement, except as set forth in Section 4.4 above, BASF shall not, during the term of this Agreement, [***], directly or indirectly through one or more third parties, the [***].
Commercial Exploitation. 9.1. If the material is commercially exploited by the DEPOSITOR, the DEPOSITOR will pay the cost of maintaining the culture, including the period prior to the commercial exploitation and any subsequent period after the commercial exploitation during which the material was maintained/will be maintained by DEPOSITORY. The accumulated costs incurred prior to the commercial exploitation, shall be deposited during commercial exploitation and subsequent costs for future maintenance may be deposited annually, in advance.
9.2. If the material is further developed by the DEPOSITORY and such development leads to commercial exploitation, such exploitation would be a subject of separate agreement. Nothing in this agreement may be construed to restrict the scope of further agreements.
Commercial Exploitation. 5.1 In consideration for CHARITY’s funding of the Project, CHARITY shall have an exclusive first option to negotiate an exclusive licence to RPO Foreground IP for the duration of the Project and for three months after the end of the Project.
5.2 In the event that CHARITY does not exercise the option in clause 5.1, and subject to clauses 5.2, 5.3 and 5.4 hereunder, RPO shall be solely responsible for the commercial exploitation of RPO Foreground IP.
5.3 Prior to entering into any agreement for the commercial exploitation of RPO Foreground IP, or entering into any agreement which would xxxxxx the RPO Foreground IP, RPO shall send a written request to CHARITY seeking its consent. CHARITY shall not unreasonably withhold its consent, and shall only refuse RPO’s request where CHARITY considers that the proposed commercial exploitation would run counter to its charitable objectives. In the event that CHARITY does not provide a written answer to RPO within thirty (30) days of the request, the RPO shall automatically have the right to proceed with such commercial exploitation.
Commercial Exploitation. Subject to Clauses 13.2.2 to 13.2.11 (other than Clause 13.2.3), no party shall make use of, or exploit commercially for its own purposes, any Confidential Information issued or provided by or on behalf of another party in connection with this Agreement otherwise than for the purposes of this Agreement, except with the written consent of the party by whom or on whose behalf the information was provided. A receiving party shall immediately inform the disclosing party of the full circumstances of any breach whatsoever of the obligations in respect of Confidential Information.
Commercial Exploitation. The Licensor does not warrant that the invention is capable of commercial exploitation. The risks of such exploitation shall be assumed solely by the Licensee.
