Consumer Product Sales Sample Clauses

Consumer Product Sales. In consideration of the Licensor General License, Licensor shall pay Licensee a royalty related solely to the revenues generated from the sale or license of the Consumer Product bundled with the Licensee content, in an amount equal to thirty percent (30%) of Licensor's net revenues of the sale or license of the Consumer Product and of such Licensee content after the recoupment by Licensor of all of its costs, and the allocation of an off-the-top service/distribution fee of twenty percent (20%) of gross revenue. When a sale or license is granted by Licensor to one of its Affiliates for resale, re-licensing or sub-licensing, Licensor's net revenues shall be calculated by taking the Affiliates' net revenues and not including the net revenues earned by Licensor from such sale or license to its Affiliates. The minimum royalty payable to Licensee on the sales or licenses of the Consumer product bundled with Licensee content packages shall be not less than Eight U.S. Dollars (US$8.00) per unit; provided, however, that if the Eight U.S. Dollars (US$8.00) per unit is not financially practicable due to marketplace factors, Licensor and Licensee agree to negotiate in good faith an alternative mutually acceptable royalty structure. If such Consumer Product bundled with Licensee content is bundled by an OEM, then (i) each such OEM shall be subject to approval by Licensee; (ii) if the per unit royalty payable to Licensee in such case is below Eight U.S. Dollars (US$8.00), the Consumer Product shall be modified by Licensor for such purposes to only allow use of "skins" of Licensee and of Licensee's animation templates but not of those of others and (iii) Licensor and Licensee shall share equally all license fees, royalties, commissions or other payments made by such OEM (in this section, the "OEM Payments"). Licensor shall within thirty (30) days of the beginning of each quarter of each calendar year, submit to Licensee a report indicating the number of the Consumer Products bundled with Licensee content sold or otherwise licensed by Licensor and the OEM Payments received during the preceding quarter during the term of the Licensor General License, the amounts necessary to calculate the royalty and the OEM Payments and the total amount due to Licensee as payment of the royalty and share of the OEM Payments. Licensor shall at the same time as submitting the report remit to Licensee any amount of royalty and OEM Payments due and payable, in US Currency. Furthermore, Licens...
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Related to Consumer Product Sales

  • WHEXXXX xs xxxx of a plan of reorganization, RESTART PARTNERS, L.P., a Delaware Limited Partnership ("Restart"), may acquire an ownership interest in Elsinore Corporation ("Elsinore") or the Four Queens, Inc. ("FQI");

  • API A. Reliant shall supply to Cardinal Health for Manufacturing and Packaging, at Reliant’s sole cost, the API and applicable reference standards in quantities sufficient to meet Reliant’s requirements for each Product as further set forth in Article 4. Prior to delivery of any of the API or reference standard to Cardinal Health for Manufacturing and Packaging, Reliant shall provide to Cardinal Health a copy of the API Material Safety Data Sheet (“MSDS”), as amended, and any subsequent revisions thereto. Reliant shall supply the API, reference standards, and Certificate of Analysis FOB the Facility no later than thirty (30) days before the scheduled Manufacture Date upon which such API will be used by Cardinal Health. Upon receipt of the API, Cardinal Health shall conduct identification testing of the API. Cardinal Health shall use the API solely and exclusively for Manufacturing and Packaging under this Agreement. The maximum volume of API that Reliant supplies to Cardinal Health shall not exceed the amount reflected in the Firm Commitment and the next six (6) months of the Rolling Forecast.

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  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Manufacturing Intrexon shall have the option and, in the event it so elects, shall use Diligent Efforts, to perform any manufacturing activities in connection with the Aquaculture Program that relate to the Intrexon Materials, including through the use of a suitable Third Party contract manufacturer. To the extent that Intrexon so elects, Intrexon may request that AquaBounty and Intrexon establish and execute a separate manufacturing and supply agreement, which agreement will establish and govern the production, quality assurance, and regulatory activities associated with manufacture of Intrexon Materials. Except as provided in Section 4.1, any manufacturing undertaken by Intrexon pursuant to the preceding sentence shall be performed in exchange for cash payments equal to Intrexon’s Fully Loaded Cost in connection with such manufacturing, on terms to be negotiated by the Parties in good faith. In the event that Intrexon does not manufacture Intrexon Materials or bulk quantities of other components of AquaBounty Products, then Intrexon shall provide to AquaBounty or a contract manufacturer selected by AquaBounty and approved by Intrexon (such approval not to be unreasonably withheld) all Information Controlled by Intrexon that is (a) related to the manufacturing of such Intrexon Materials or bulk qualities of other components of AquaBounty Products for use in the Field and (b) reasonably necessary to enable AquaBounty or such contract manufacturer (as appropriate) for the sole purpose of manufacturing such Intrexon Materials or bulk quantities of other components of AquaBounty Products. The costs and expenses incurred by Intrexon in carrying out such transfer shall be borne by Intrexon. Any manufacturing Information transferred hereunder to AquaBounty or its contract manufacturer shall not be further transferred to any Third Party, including any Product Sublicensee, or any AquaBounty Affiliate without the prior written consent of Intrexon; provided, however, that Intrexon shall not unreasonably withhold such consent if necessary to permit AquaBounty to switch manufacturers.

  • Technical Services Party B will provide technical services and training to Party A, taking advantage of Party B’s advanced network, website and multimedia technologies to improve Party A’s system integration. Such technical services shall include:

  • Packaging All Material shall be packaged in accordance with ATA 300 Specification, Category III for consumable/expendable material and Category II for rotables. Category I containers shall be used if requested by the Buyer and the difference between Category I and Category II packaging costs shall be paid by the Buyer together with payment for the respective Material.

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