Common use of Compulsory License Clause in Contracts

Compulsory License. If either Party learns that a Third Party has obtained a Compulsory License in any country in the Territory, such Party shall promptly notify the other Party of such occurrence. If the royalty rate payable by the grantee of the Compulsory License is less than the royalty rates applicable in such country set forth in Section 3.3 of this Agreement, then the applicable royalty rates set forth in Section 3.3 of this Agreement shall be reduced to the lower royalty rates applicable in such country pursuant to such Compulsory License for so long

Appears in 3 contracts

Samples: Licensing Agreement (Eyetech Pharmaceuticals Inc), Licensing Agreement (Osi Pharmaceuticals Inc), Licensing Agreement (Eyetech Pharmaceuticals Inc)

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Compulsory License. If either Party learns that a Third Party has obtained obtains a Compulsory License with respect to a particular Licensed Product in any a specific country in the Territory, such the Party shall first to be notified will promptly notify the other Party of such occurrencethereof. If the royalty rate rates payable by the grantee of the Compulsory License is are less than the royalty rates applicable in such country as set forth in Section 3.3 of this Agreement3.2 above, then the applicable royalty rates set forth in Section 3.3 payable by Anthera with respect to sales of this Agreement shall be reduced to the lower royalty rates applicable Licensed Product in such country pursuant to such Compulsory License for so longwill be [***].

Appears in 1 contract

Samples: License Agreement (Anthera Pharmaceuticals Inc)

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Compulsory License. If either Party learns that a Third Party has obtained a Compulsory License in any country in the Territory, such Party shall promptly notify the other Party of such occurrence. If the royalty rate payable by the grantee of the Compulsory License is less than the royalty rates applicable in such country set forth in Section 3.3 of this Agreement, then the applicable royalty rates set forth in Section 3.3 of this Agreement shall be reduced to the lower royalty rates applicable in such country pursuant to such Compulsory License for so longlong as sales of a Competitive Product are made by any Third Party pursuant to the Compulsory License.

Appears in 1 contract

Samples: Licensing Agreement (Gilead Sciences Inc)

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