Common use of Compulsory Licenses Clause in Contracts

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a), then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Compound or Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.6.2 or 5.6.3, as applicable, and there has been a first commercial sale by or on behalf of said Third Party (determined according to the same standard as set forth in Section 1.33 for the First Commercial Sale of Products) of a product, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.6.2 and 5.6.3, as applicable, shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license required under applicable law is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.13, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.13 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license Compulsory License is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.5.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.5.1 shall be reduced [***]] for the period during which such Compulsory License is in effect. Merck shall use commercially reasonable efforts to oppose the granting of any such Compulsory License, and if any such Compulsory License is granted, to eliminate or limit such Compulsory License to the extent possible.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to a Collaboration Candidate or Licensed Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)7.5.1, then the royalty rate to be paid by Merck to Company on Net Sales in that country under Section 8.5(a) 7.5.1 shall be reduced to [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Licensed Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1., then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory Third Party licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Royalty Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.5.2 or 5.5.3, as applicable, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.5.2 or 5.5.3, as applicable, shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.3.2 or 5.3.3, as applicable, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.3.2 or 5.3.3, as applicable, shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party third party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1., then the royalty rate to be paid by Merck MERCK on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck MERCK on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Royalty Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)[ * ], then the royalty rate to be paid by Merck MERCK on Net Sales in that country under this Section 8.5(a) 4.4 shall be reduced [***[ * ].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Licensed Product in any country in the Territory with a royalty rate lower than the royalty rate [**] provided by Section 8.5(a)5.4.1., then the royalty rate to be paid by Merck MERCK on Net Sales in that country under Section 8.5(a) shall be reduced 5.4.1 [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)subsection 5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) subsection 5.4.1 shall be reduced to [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court MERCK or a governmental agency Related Party, as a condition of competent jurisdiction requires Merck obtaining or its Sublicensee maintaining Marketing Authorization in a country, is required to grant a compulsory license to a Third Party with respect to Product in any country in the Territory with a Territory, and the royalty rate under such compulsory license is lower than the royalty rate provided by Section 8.5(a)5.6.1, then the royalty rate to be paid by Merck MERCK on Net Sales under the applicable compulsory license in that country under Section 8.5(a) 5.6.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product Compounds or Products in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate amount to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Compound or Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)7.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 7.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a), then the royalty rate to be paid by Merck Xxxxx on Net Sales in that country under Section 8.5(a) shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product [**] in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.5, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.5 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product Candidate or Licensed Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.3.1, then the royalty rate amount to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.3.1 shall be reduced [***]to the amount paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license required pursuant to applicable law or regulation in a country is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party third party with respect to a Royalty Bearing Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1., then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory Third Party licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to any Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.7, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.7 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Royalty Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a9.6.1(a) or Section 9.6.1(b), as applicable, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a9.6.1(a) or Section 9.6.1(b) shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license Compulsory License is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4 shall be reduced [***]] for the period during which such Compulsory License is in effect. Merck shall use commercially reasonable efforts to oppose the granting of any such Compulsory License, and if any such Compulsory License is granted, to eliminate or limit such Compulsory License to the extent possible.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product Candidate or Product in any country in the Territory with a royalty rate amount lower than the royalty rate amount provided by Section 8.5(a5.2.3(a), then then, following the First Commercial Sale of Competitive Product in such country under such compulsory license, the royalty rate amount to be paid by Merck on Net Sales in that country under Section 8.5(a5.2.3(a) shall be reduced [***]to the amount paid by the compulsory licensee during the term of such compulsory license.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Royalty Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)9.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 9.4.1 shall be reduced [***[ * ].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Vaccine or Product in any country in the Territory with a royalty rate lower than the royalty rate provided *** by Section 8.5(a)5.3.1, then the royalty rate to be paid by Merck on Net Sales by or to such Third Party in that country under Section 8.5(a) 5.3.1 shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a an independent Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to any Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.11, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.11 shall be reduced [***]to the rate paid by the compulsory licensee.