Commercialization Payments Clause Samples
The Commercialization Payments clause defines the financial obligations related to the sale, licensing, or other commercial use of a product, technology, or intellectual property covered by the agreement. It typically outlines how and when payments such as royalties, milestone fees, or revenue shares are calculated and distributed between the parties. For example, it may specify that a percentage of net sales or a fixed fee per unit sold is payable to the licensor. This clause ensures that both parties have a clear understanding of the financial arrangements tied to commercialization, thereby reducing disputes and aligning incentives for successful market exploitation.
Commercialization Payments. 4.1 Within [**] days after first receipt of the first Regulatory Approval for the Product in Japan (if any), Durata shall make a one-time payment to RaQualia of Two Million United States Dollars (US$2,000,000).
4.2 During the Payment Period, Durata shall pay RaQualia [**] percent ([**]%) of Net Sales for the Product in Japan during such period (the “Earned Income Payment”). Durata shall pay such amounts within [**] days after the end of each Calendar Quarter with respect to applicable Net Sales in such Calendar Quarter. Each such payment will be accompanied by a royalty report, setting forth, in reasonable detail, the Net Sales and Durata’s calculation of the Earned Income Payment paid. Durata will provide an estimate of Earned Income Payments for each Calendar Quarter during the Payment Period, based on information available to it, within [**] Business Days after the end of such Calendar Quarter.
Commercialization Payments. As further consideration for the rights granted to Pfizer under this Agreement and the supply commitments under Article 7, Pfizer shall pay to Auxilium tiered payments (“Commercialization Payments”) at the following rates (the “Commercialization Rates”) based on aggregate annual Net Sales of Product in the Territory for all or any portion of the Pfizer Year falling within the Commercialization Term: For that portion of aggregate annual Net Sales less than [***] Dollars ($[***]) [***] percent ([***]%) For that portion of aggregate annual Net Sales equal to or greater than [***] Dollars ($[***]) but less than or equal to [***] Dollars ($[***]) [***] percent ([***]%) For that portion of aggregate annual Net Sales greater than [***] Dollars ($[***]) [***] percent ([***]%)
Commercialization Payments. Within thirty (30) calendar days after a Commercialization Payment becomes due and payable in accordance with this Agreement, Acquiror shall concurrently (i) pay such Commercialization Payment(s) to the Exchange Agent (for distribution to the Company Securityholders) and (ii) deliver a written notice to the Securityholders’ Representative Committee describing the amount and the basis for the Commercialization Payment(s) concurrently paid to the Exchange Agent, including reasonable detail as to the Annual Net Sales related to such Commercialization Payment(s).
Commercialization Payments. In consideration of the licenses granted to Novartis by Diversa, Novartis shall pay to Diversa commercialization fees for each Commercial Development Biomolecule within [*****] after the first commercial sale of the first Product as follows: (a) [*****] for Products that are [*****] and (b) [*****] for all other Products.
Commercialization Payments. The following one-time payments: (i) $[*] [*] Calendar Year in which [*] during such Calendar Year [*] $[*]; (ii) $[*] [*] Calendar Year in which [*] during such Calendar Year [*] $[*]; (iii) $[*] [*] Calendar Year in which [*] during such Calendar Year [*] $[*]; and (iv) $[*] [*] Calendar Year in which [*] during such Calendar Year [*] $[*] (each, a “Commercialization Payment” and collectively, the “Commercialization Payments”). Commencing in the [*] year following the first commercial sale of the Product in the United States following receipt of US Approval, any Commercialization Payments due shall [*]. The [*] within [*] days after the end of the Calendar Year in which [*]”Trigger Year”). The second such installment shall be paid within [*] days after the end of the next Calendar Year after the Trigger Year, provided that [*].
Commercialization Payments. After approval of the Regulatory Dossier for a Product by the Regulatory Authority, and Actavis’ receipt of sufficient quantities of Product for commercial launch (as identified in writing by Actavis), Actavis shall use Commercially Reasonable Efforts to market and sell the Product in the Territory; provided, however, that Actavis shall have sole but reasonable discretion as to the manner and extent of such commercialization of such Product (including as to issues concerning labeling, launch dates, terms of sale and pricing and customer contracts). Additionally, Actavis shall have the right in its sole but reasonable discretion to postpone or delay the commercial launch of the Product or interrupt or cease the marketing and sale of a Product in the event litigation is threatened or pending with respect to such Product. Commencing in the year prior to the commercial launch of any Product, and continuing thereafter for the remainder of the Term, Actavis shall provide to Merrimack annual commercialization plans and reports summarizing Actavis’ commercialization activities with respect to the applicable Product over the preceding year, outlining Actavis’ plans for the commercialization of such Product for the ensuing calendar year and reporting on Actavis’ progress in the prior year. Merrimack shall have the right to comment on and ask questions about such plans and reports, and Actavis shall reasonably consider any such comments and reasonably respond to any such queries from Merrimack.
Commercialization Payments. In addition to the Closing Payment and as additional consideration for the sale and assignment of the Ecogen Bt Technology and the license of the Licensed Technology pursuant to the Monsanto License Agreement, Monsanto shall pay Ecogen a Gene Success Fee and a Commercialization Success Fee in accordance with the following for the commercialization success of the Ecogen Bt Technology, the Licensed Technology, and the technology developed, or to which Monsanto is granted rights, under the Research and Development Agreement. Ecogen's sole and exclusive remedy against Monsanto for nonpayment of the Gene Success Fee or the Commercialization Success Fee shall be an action for payment of such fees. Ecogen shall have no claim, lien, right, title or interest in the Ecogen Bt Technology because of or arising out of Monsanto's obligation to pay the Gene Success Fee or the Commercialization Success Fee.
8 10 (a) Gene Success Fee. Commencing at such time as Monsanto has (i) successfully inserted at least five (5) different Bt Genes into the seeds of one or more species of plants, and (ii) either (a) completed the Commercialization of an Ecogen Product, or (b) submitted at least three (3) Bt Genes to the applicable U.S. Federal regulatory agency for approval, for each different Bt Gene, in excess of the five (5) Bt Genes referred to above, which is successfully inserted into the seed of one or more plant species (a "Gene Event") by Monsanto, Monsanto shall pay Ecogen an annual fee (the "Gene Success Fee") of One Hundred Thousand Dollars ($100,000) per Bt Gene, but in no event more than One Million Dollars ($1,000,000) per calendar year. The Gene Success Fee shall be payable on the next June 1 or December 1, as the case may be, following such Gene Event and on each June 1 or December 1 thereafter; provided, however, that Monsanto's obligation to pay the Gene Success Fee with respect to any specific Bt Gene shall terminate on the earlier to occur of (i) written notice by Monsanto of the termination of its efforts to further develop the particular Bt Gene which is the subject of a Gene Success Fee, or (ii) Commercialization of an Ecogen Product which contains such Bt Gene.
Commercialization Payments. If specified in a Commercialization Project, ARNO shall pay to LBS any costs, internal or otherwise, that LBS actually incurs which were preapproved in writing by ARNO in conducting commercialization activities, which may include sales training (including training for ARNO sales representatives), promotion, customer service, support and/or education activities with respect to any given Product, including without limitation: a joint key opinion leader program where ARNO and LBS address a joint customer base (for example, a program directed towards pathologists and oncologists); joint presentations by LBS and ARNO at conferences or other venues; and education activities regarding any given Drug and its corresponding Product (such activities being the “Commercialization Activities”).
Commercialization Payments