Common use of Content of Reports and Payments Clause in Contracts

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall so state.

Appears in 8 contracts

Samples: Exclusive Patent License Agreement (MetaStat, Inc.), Exclusive Patent License Agreement (MetaStat, Inc.), Exclusive Patent License Agreement (MetaStat, Inc.)

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Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 6 contracts

Samples: Exclusive Patent License Agreement (Myomo Inc), Exclusive Patent License Agreement (Visterra, Inc.), Exclusive Patent License Agreement (Cerulean Pharma Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (ia) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES AFFILIATES, CORPORATE PARTNERS and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES AFFILIATES, CORPORATE PARTNERS and SUBLICENSEES in the provision of services in each country; (iib) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES AFFILIATES, CORPORATE PARTNERS and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiic) the gross price charged by COMPANY, its AFFILIATES AFFILIATES, CORPORATE PARTNERS and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES AFFILIATES, CORPORATE PARTNERS and SUBLICENSEES in each country; (ivd) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (ve) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vif) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viig) the amount of CORPORATE PARTNER INCOME received by COMPANY from each CORPORATE PARTNER and the amount due to M.I.T. from such CORPORATE PARTNER INCOME, including an itemized breakdown of the sources of income comprising the CORPORATE PARTNER INCOME; (h) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS, DISCOVERED PRODUCTS and/or LICENSED PROCESSES; and (i) the number of CORPORATE PARTNER agreements entered into for the REPORTING PERIOD. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 3 contracts

Samples: Exclusive Patent License Agreement (Momenta Pharmaceuticals Inc), Exclusive Patent License Agreement (Momenta Pharmaceuticals Inc), Exclusive Patent License Agreement (Momenta Pharmaceuticals Inc)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME and CORPORATE PARTNER INCOME received by COMPANY from each SUBLICENSEE and CORPORATE PARTNER and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME and CORPORATE PARTNER INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME and CORPORATE PARTNER INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 3 contracts

Samples: Exclusive Patent License Agreement (BIND Therapeutics, Inc), Exclusive Patent License Agreement (BIND Therapeutics, Inc), Exclusive Patent License Agreement (BIND Therapeutics, Inc)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES shall XXXXXXXXX pursuant to Section 5.1 will contain at least the following information for the immediately preceding REPORTING PERIOD, as applicable; provided that, for any information required with respect to a SUBLICENSEE, COMPANY shall be deemed to fulfill its obligation under this Section 5.2 if it exercises commercially reasonable efforts to obtain such information: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each countryPRODUCT; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due deliverable to THE PARTIES XXXXXXXXX from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and; (vii) the number of sublicenses SUBLICENSE agreements entered into for the PATENT RIGHTS, LICENSED PRODUCTS PRODUCTS, and/or LICENSED PROCESSESPROCESSES and (viii) achievement of any Milestones under Section 4.1(c) (and COMPANY shall pay the related milestone payments concurrently with the delivery of such report). If no amounts are due to THE PARTIES for any REPORTING PERIOD, the die report shall will so state.

Appears in 3 contracts

Samples: Exclusive Patent License Agreement (Rubius Therapeutics, Inc.), Exclusive Patent License Agreement (Rubius Therapeutics, Inc.), Exclusive Patent License Agreement (Rubius Therapeutics, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES XXXXXXXXX shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) the number of IDENTIFIED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of IDENTIFIED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (iii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiiiv) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (ivv) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each IDENTIFIED PRODUCT and, if applicable, the gross price charged for each IDENTIFIED PRODUCT used to provide services in each country; (vi) the gross price charged by COMPANY and its AFFILIATES for LICENSED SERVICES INCOME in each country as may be pertinent to a royalty accounting hereunder; (vii) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (vviii) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (viix) the amount of SUBLICENSE INCOME or CORPORATE PARTNERSHIP INCOME received by COMPANY from each SUBLICENSEE or CORPORATE PARTNER and the amount due deliverable to THE PARTIES XXXXXXXXX from such SUBLICENSE INCOME or CORPORATE PARTNERSHIP INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME or CORPORATE PARTNERSHIP INCOME; and (viix) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. (xi) the achievement of COMPANY Diligence Obligations under Article 3. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall so state. COMPANY shall use commercially reasonable efforts to enter into a sublicense agreement whereby the applicable SUBLICENSEE provides the information necessary for the foregoing, but if despite using such commercially reasonable efforts, COMPANY is unable to obtain all such information from such SUBLICENSEE, then COMPANY shall be in compliance with this Section 5 by providing such relevant information as COMPANY is able to obtain from such SUBLICENSEE.

Appears in 3 contracts

Samples: License Agreement, License Agreement (Syros Pharmaceuticals, Inc.), License Agreement (Syros Pharmaceuticals, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS and DISCOVERED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and AFFILIATES, SUBLICENSEES and, if applicable, CORPORATE PARTNERS to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS and DISCOVERED PRODUCTS used by COMPANY, its AFFILIATES and AFFILIATES, SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES or LICENSED SERVICES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and AFFILIATES, SUBLICENSEES and, if applicable, CORPORATE PARTNERS for each LICENSED PRODUCT and DISCOVERED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT and DISCOVERED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS and LICENSED SERVICE performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) calculation of SERVICE INCOME for the applicable REPORTING PERIOD in each country, and the amount due to M.I.T. from such SERVICE INCOME in U.S. dollars, together with the exchange rates used for conversion; and (vii) the amount of SUBLICENSE INCOME received by COMPANY and its AFFILIATES from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viiviii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES; and (ix) the amount of CORPORATE PARTNER INCOME received by COMPANY, its AFFILIATES and SUBLICENSEES from each CORPORATE PARTNER and the amount due to M.I.T. from such CORPORATE PARTNER INCOME, including an itemized breakdown of the sources of income comprising the CORPORATE PARTNER INCOME; and (x) the number of agreements entered into with CORPORATE PARTNERS and a fully signed photocopy of any such CORPORATE PARTNER agreements. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state. Notwithstanding the foregoing, if the discovery, development, use or sale of a DISCOVERED PRODUCT by a CORPORATE PARTNER or SUBLICENSEE is unknown to COMPANY or an AFFILIATE and does not result in any payments to COMPANY or an AFFILIATE, then the reporting requirements under this Section 5.2 with respect to such DISCOVERED PRODUCT shall be waived.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (Enumeral Biomedical Holdings, Inc.), Exclusive Patent License Agreement (Enumeral Biomedical Holdings, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY LICENSEE to THE PARTIES LICENSOR pursuant to Clause 5.1(c) shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number and description of each LICENSED PRODUCTS PRODUCT sold, leased or distributed by COMPANYLICENSEE, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS PRODUCT used by COMPANYLICENSEE, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANYLICENSEE, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iviii) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (viv) total royalty payable on NET SALES in U.S. dollarsUS Dollars, together with the exchange rates used for conversion; (viv) the amount of SUBLICENSE INCOME received by COMPANY LICENSEE and its AFFILIATES from each SUBLICENSEE and the amount due to THE PARTIES LICENSOR and its AFFILIATES from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viivi) the number of sublicenses entered into for the LICENSED PATENT RIGHTS, and LICENSED PRODUCTS and/or LICENSED PROCESSESPRODUCT. All the reports shall be verified and duly signed by Managing Director or the authorized person of LICENSEE. If no amounts are due to THE PARTIES LICENSOR for any REPORTING PERIOD, the report shall so state.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (Aptorum Group LTD), Exclusive Patent License Agreement (Aptorum Group LTD)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES DFCI shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS manufactured, sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due deliverable to THE PARTIES DFCI from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall so state. COMPANY shall use commercially reasonable efforts to enter into a SUBLICENSE AGREEMENT whereby the applicable SUBLICENSEE provides the information necessary for the foregoing, but if despite such commercially reasonable efforts, COMPANY is unable to obtain all such information from such SUBLICENSEE, then COMPANY shall be in compliance with this Section 5 by providing such relevant information as COMPANY is able to obtain from such SUBLICENSEE.

Appears in 2 contracts

Samples: License Agreement (Syros Pharmaceuticals, Inc.), License Agreement (Syros Pharmaceuticals, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (ia) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country;; [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (iib) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiic) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (ivd) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (ve) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vif) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; (g) the amount of CORPORATE PARTNER INCOME received by COMPANY from each paying entity and the amount due to M.I.T. from such CORPORATE PARTNER INCOME, including an itemized breakdown of the sources of income comprising the CORPORATE PARTNER INCOME; and (viih) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (Selecta Biosciences Inc), Exclusive Patent License Agreement (Selecta Biosciences Inc)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the range of gross price prices charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the range of gross price prices charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (BioTrove, Inc.), Exclusive Patent License Agreement (BioTrove, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES shall XXXXXXXXX will contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS and IDENTIFIED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES AFFILIATES, SUBLICENSEES, and SUBLICENSEES CORPORATE PARTNERS to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES AFFILIATES, SUBLICENSEES, and SUBLICENSEES CORPORATE PARTNERS in the provision performance of services LICENSED PROCESSES in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES AFFILIATES, SUBLICENSEES, and SUBLICENSEES CORPORATE PARTNERS for each LICENSED PRODUCT and each IDENTIFIED PRODUCT, and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in the performance of LICENSED PROCESSES in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) calculation of SERVICE INCOME for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (vii) subject to the outcome of the negotiation contemplated in Section 4.1(d)(iii), total royalty payable on SERVICE INCOME in U.S. dollars, together with the exchange rates used for conversion; (viii) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and each CORPORATE PARTNER and the amount due deliverable to THE PARTIES XXXXXXXXX from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viiix) the number of sublicenses sublicense agreements and corporate partner agreements entered into for the PATENT RIGHTS, LICENSED PRODUCTS PRODUCTS, IDENTIFIED PRODUCTS, and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall will so state.

Appears in 2 contracts

Samples: Exclusive Patent License and Tangible Property Agreement (Verastem, Inc.), Exclusive Patent License and Tangible Property Agreement (Verastem, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, COMPANY and its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, COMPANY and its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, COMPANY and its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, COMPANY and its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, COMPANY and its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (A123 Systems Inc), Exclusive Patent License Agreement (A123 Systems, Inc.)

Content of Reports and Payments. Reports shall be due within sixty (60) days of the end of each REPORTING PERIOD. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country;; ExOne EXCL P 6-15-2011 (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement, Exclusive Patent License Agreement (ExOne Co)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; : and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and; (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES; and (viii) COMPANY shall provide M.I.T. with Certificates of Insurance in accordance with Section 8.2. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (Visterra, Inc.), Exclusive Patent License Agreement (Visterra, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion;; [***] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (SQZ Biotechnologies Co)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (ia) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (iib) a description of LICENSED PROCESSES performed by COMPANY, COMPANY its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiic) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (ivd) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (ve) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vif) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viig) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. (h) the dollar amount funded by COMPANY, AFFILIATES and SUBLICENSEES toward research and development pursuant to Section 4.1 (d) of this Agreement. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Nanosys Inc)

Content of Reports and Payments. Each After the first commercial sale of a LICENSED PRODUCT or the first commercial performance of a LICENSED SERVICE, each report delivered by COMPANY to THE PARTIES shall XXXXXXXXX will contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its COMPANY and AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its COMPANY and AFFILIATES and SUBLICENSEES in the provision performance of services LICENSED SERVICES in each country; (ii) a description of LICENSED PROCESSES SERVICES performed by COMPANY, its COMPANY and AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its COMPANY and AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT PRODUCT, and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in the performance of LICENSED SERVICES in each country; and the gross price charged for each LICENSED PROCESS SERVICES performed by COMPANY, its COMPANY and AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and each CORPORATE PARTNER and the amount due deliverable to THE PARTIES XXXXXXXXX from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses sublicense agreements and corporate partner agreements entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSESSERVICES. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall will so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Verastem, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (ia) the number of LICENSED PRODUCTS and/or IDENTIFIED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS and/or IDENTIFIED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services LICENSED SERVICES in each country; (iib) a description of LICENSED PROCESSES and/or LICENSED SERVICES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiic) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and/or IDENTIFIED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT and/or IDENTIFIED PRODUCT used to provide services LICENSED SERVICES in each country; and the gross price charged for each LICENSED PROCESS and/or LICENSED SERVICE performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (ivd) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (ve) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vif) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viig) the number of sublicenses SUBLICENSES entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. ; and (h) the amount of SERVICE INCOME received by COMPANY and the amount due to M.I.T. from such SERVICE INCOME, including an itemized breakdown of the sources of income comprising the SERVICE INCOME; and (i) the number of agreements for LICENSED SERVICES entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. (j) If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state. The Parties hereby agree that COMPANY’s fulfillment of the reporting obligations written under this Section 5.5 shall necessarily fulfill those obligations written under Article 5 of the FIRST AGREEMENT provided that each report references with specificity each LICENSED PRODUCT sold by COMPANY. Accordingly, each report shall state with specificity that it is submitted in compliance with this Section 5.2, and that such submission also fulfills the reporting obligations required under the XXXXX AGREEMENT.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Elicio Therapeutics, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES XXXXXXXXX shall contain at least the following information for the immediately preceding REPORTING PERIODPERIOD or calendar year, as applicable: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties end user purchasers in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of the PATENT RIGHTS that cover each such LICENSED PROCESSES performed PRODUCT sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunderSUBLICENSEES; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due deliverable to THE PARTIES XXXXXXXXX from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall so state. Each report provided to XXXXXXXXX under this Section 5 shall be treated as confidential information of COMPANY and not disclosed or used by XXXXXXXXX other than to confirm COMPANY’s compliance with its reporting obligations under this Section 5, to exercise its rights under this Agreement, and to provide such report to employees of HHMI and trustees who have a need to know such information.

Appears in 1 contract

Samples: Tangible Property and Exclusive Patent License Agreement (Proteostasis Therapeutics, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and. (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Bionik Laboratories Corp.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES shall WHXXXXXXX xhall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS or DISCOVERED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS or DISCOVERED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each countrycountry as may be pertinent to a royalty accounting hereunder; (ii) a description of LICENSED PROCESSES and/or LICENSED SERVICES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT or DISCOVERED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT or DISCOVERED PRODUCT used to provide services in each countryeach; and the gross price charged for each LICENSED PROCESS or LICENSED SERVICE performed by COMPANY, its AFFILIATES and SUBLICENSEES in each countrycountry as may be pertinent to a royalty accounting hereunder; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each countrycountry as may be pertinent to a royalty accounting hereunder, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) calculation of SERVICE INCOME for the applicable REPORTING PERIOD in each country, and the amount due to WHXXXXXXX xrom such SERVICE INCOME in U.S. dollars, together with the exchange rates used for conversion. (vii) the amount of SUBLICENSE INCOME and CORPORATE PARTNER INCOME received by COMPANY from each SUBLICENSEE and/or CORPORATE PARTNER and the amount due to THE PARTIES from WHXXXXXXX xrom such SUBLICENSE INCOME and/or CORPORATE PARTNER INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME and/or CORPORATE PARTNER INCOME; (viii) the number of CORPORATE PARTNER relationships entered into for LICENSED PRODUCTS and/or LICENSED PROCESSES; and (viiix) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or PRODUCTS, LICENSED PROCESSES, TANGIBLE PROPERTY, or LICENSED SERVICES. If no amounts are due to THE PARTIES for WHXXXXXXX xor any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Immunome Inc.)

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Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES shall XXXXXXXXX will contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased leased, or distributed by COMPANY, its AFFILIATES AFFILIATES, SUBLICENSEES and SUBLICENSEES CORPORATE PARTNERS, to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES AFFILIATES, SUBLICENSEES, and SUBLICENSEES CORPORATE PARTNERS for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each countryPRODUCT; (iviii) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (viv) total royalty payable on NET SALES in U.S. dollarsdollars under this Agreement, together with the exchange rates used for conversion; (v) the number of active SUBLICENSE AGREEMENTS and CORPORATE PARTNERSHIPS entered and a description of the PRODUCTS sublicensed in conjunction with the PATENT RIGHTS; (vi) the amount achievement of SUBLICENSE INCOME received by any COMPANY from each SUBLICENSEE and the amount due to THE PARTIES from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; andDiligence Obligations under Section 3.1(b); (vii) the number a listing of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts that are due to THE PARTIES under current development by COMPANY, its AFFILIATES, SUBLICENSEES, or CORPORATE PARTNERS and for any REPORTING PERIODwhich a [***] has been initiated or completed by or on behalf of COMPANY, its AFFILIATES, SUBLICENSEES, or CORPORATE PARTNERS (if not, the report shall so state); and (viii) a listing of IDENTIFIED PRODUCTS that are under current development by COMPANY, its AFFILIATES, SUBLICENSEES, or CORPORATE PARTNERS and for which a [***] has been initiated or completed by or on behalf of COMPANY, its AFFILIATES, SUBLICENSEES, or CORPORATE PARTNERS; provided that, COMPANY need solely include in said listing IDENTIFIED PRODUCTS that were first identified, selected or determined to have biological activity or utility by use of a product or process that would have infringed a VALID CLAIM of the PATENT RIGHTS that is as of the date of the report an issued claim in the United States and that (a) has not been held permanently revoked, unenforceable, or invalid by a decision of a court or governmental agency of competent jurisdiction, which decision is unappealable or unappealed within the time allowed for appeal, and (b) has not been abandoned disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

Appears in 1 contract

Samples: Patent License Agreement (Camp4 Therapeutics Corp)

Content of Reports and Payments. Each report delivered by COMPANY LICENSEE to THE PARTIES LICENSOR shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the The number of LICENSED PRODUCTS sold, leased leased, or distributed by COMPANYLICENSEE, its AFFILIATES ASSOCIATES, and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANYLICENSEE, its AFFILIATES ASSOCIATES, and SUBLICENSEES in the provision of services in each country; (ii) a A description of LICENSED PROCESSES performed by COMPANYLICENSEE, its AFFILIATES ASSOCIATES, and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the The gross price charged by COMPANYLICENSEE, its AFFILIATES ASSOCIATES, and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANYLICENSEE, its AFFILIATES ASSOCIATES, and SUBLICENSEES in each country; (iv) calculation Calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total Total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the The amount of SUBLICENSE INCOME received by COMPANY LICENSEE from each SUBLICENSEE and the amount due to THE PARTIES LICENSOR from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the The number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS PRODUCTS, and/or LICENSED PROCESSES. Exclusive Patent and Know-How Final License Agreement Confidential If no amounts are due to THE PARTIES LICENSOR for any REPORTING PERIOD, the report shall so statestate and give a forecast which amounts are expected.

Appears in 1 contract

Samples: Exclusive Patent and Know How License Agreement (Xethanol Corp)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS and/or IDENTIFIED PRODUCTS relevant to the calculation of NET SALES sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS and/or IDENTIFIED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services for a fee in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price amount charged by COMPANY, its AFFILIATES and SUBLICENSEES for LICENSED PRODUCTS and/or IDENTIFIED PRODUCTS; (iii) with respect to each LICENSED PRODUCT and, if applicableunique Combination Product sold, the gross price charged for each LICENSED PRODUCT values assigned to A and B, as used to provide services determine the proration factor with respect to NET SALES of Combination Products (for the avoidance of doubt, M.I.T. hereby retains the right to request and receive any documentation used by COMPANY and or its consultants and advisors to determine such values, specifically without the need to invoke the procedures outlined in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANYSection 5.4, its AFFILIATES and SUBLICENSEES in each countrybelow); (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. and If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (BiomX Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (ia) the number of LICENSED PRODUCTS and/or IDENTIFIED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS and/or IDENTIFIED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services LICENSED SERVICES in each country; (iib) a description of LICENSED PROCESSES and/or LICENSED SERVICES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiic) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and/or IDENTIFIED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT and/or IDENTIFIED PRODUCT used to provide services LICENSED SERVICES in each country; and the gross price charged for each LICENSED PROCESS and/or LICENSED SERVICE performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (ivd) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (ve) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vif) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viig) the number of sublicenses SUBLICENSES entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. ; and (h) the amount of SERVICE INCOME received by COMPANY and the amount due to M.I.T. from such SERVICE INCOME, including an itemized breakdown of the sources of income comprising the SERVICE INCOME; and (i) the number of agreements for LICENSED SERVICES entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. (j) If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state. The Parties hereby agree that COMPANY’s fulfillment of the reporting obligations written under this Section 5.5 shall necessarily fulfill those obligations written under Article 5 of the FIRST AGREEMENT provided that each report references with specificity each LICENSED PRODUCT sold by COMPANY. Accordingly, each report shall state with specificity that it is submitted in compliance with this Section 5.2, and that such submission also fulfills the reporting obligations required under the FXXXX AGREEMENT.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Angion Biomedica Corp.)

Content of Reports and Payments. Each report delivered Before the first commercial sale of a LICENSED PRODUCT(S), LICENSEE shall submit the reports due under Article 3.1. Following the first commercial sale of the LICENSED PRODUCT(s) and/or LICENSED PROCESS, LICENSEE, within sixty (60) days of the end of the REPORTING PERIOD of this Agreement, shall deliver to GMRF true and accurate reports of the business conducted by COMPANY to THE PARTIES LICENSEE and its SUBLICENSEE(s) during the preceding 120 day period under this Agreement using the format shown in Appendix B. These shall contain include at least the following information for the immediately preceding REPORTING PERIODfollowing: (ia) the number of LICENSED PRODUCTS sold, leased or distributed PRODUCT(S) sold by COMPANY, its AFFILIATES LICENSEE and SUBLICENSEES to independent third parties in each country, and, if applicable, the all number of LICENSED PRODUCTS PRODUCT(S) used by COMPANYLICENSEE, its AFFILIATES and SUBLICENSEES in the provision of services in each country;services (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiib) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES LICENSEE for each LICENSED PRODUCT PRODUCT(S) and, if applicable, the gross price charged for each LICENSED PRODUCT PRODUCT(S) used to provide services in each countryservices; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each countryLICENSEE; (ivc) calculation of NET SALES for the applicable REPORTING PERIOD in each countryPERIOD, including a listing of applicable deductions; (vd) methods used to calculate the Royalty; (e) total royalty royalties payable on NET SALES in U.S. dollarsDollars, together with the exchange rates used for conversionrate used; (vif) the amount of SUBLICENSE INCOME received by COMPANY LICENSEE from each SUBLICENSEE and the amount due to THE PARTIES GMRF from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viig) the number names and addresses of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall so stateall SUBLICENSEE of LICENSEE.

Appears in 1 contract

Samples: Exclusive License Agreement (Visium Technologies, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES SALES, or ADJUSTED NET SALES, as appropriate, in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Arch Therapeutics, Inc.)

Content of Reports and Payments. Each report delivered by COMPANY LICENSEE to THE PARTIES LICENSOR pursuant to Clause 5.1(c) shall contain at least the following information for the immediately preceding REPORTING PERIOD: (ia) the number and description of each LICENSED PRODUCTS PRODUCT sold, leased or distributed by COMPANYLICENSEE, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS PRODUCT used by COMPANYLICENSEE, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiib) the gross price charged by COMPANYLICENSEE, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (ivc) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (vd) total royalty ROYALTY payable on NET SALES in U.S. dollarsUS DOLLARS, together with the exchange rates used for conversion; (vie) the amount of SUBLICENSE INCOME received by COMPANY LICENSEE and its AFFILIATES from each SUBLICENSEE and the amount due to THE PARTIES LICENSOR and its AFFILIATES from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viif) the number of sublicenses entered into for the LICENSED PATENT RIGHTS, and LICENSED PRODUCTS and/or LICENSED PROCESSESPRODUCT. All the reports shall be verified and duly signed by Managing Director or the authorized person of LICENSEE. If no amounts are due to THE PARTIES LICENSOR for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Aptorum Group LTD)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the amount of CORPORATE PARTNER INCOME received by COMPANY from each CORPORATE PARTNER and the amount due to M.I.T. from such CORPORATE PARTNER INCOME, including an itemized breakdown of the sources of income comprising the CORPORATE PARTNER INCOME; and (viii) the amount of MILESTONE PAYMENTS received by COMPANY and the amount due to M.I.T. from such MILESTONE PAYMENTS, including an itemized breakdown of the sources of income comprising the MILESTONE PAYMENTS; and (ix) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. (x) the number of CORPORATE PARTNER agreements entered into for the REPORTING PERIOD. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Viacell Inc)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (ia) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country;; *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. (iib) a description of LICENSED PROCESSES performed by COMPANY, COMPANY its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iiic) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (ivd) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (ve) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vif) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (viig) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. (h) the dollar amount funded by COMPANY, AFFILIATES and SUBLICENSEES toward research and development pursuant to Section 4.1 (d) of this Agreement. If no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Nanosys Inc)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES shall XXXXXXXXX pursuant to Section 5.1 will contain at least the following information for the immediately preceding REPORTING PERIOD, as applicable; provided that, for any information required with respect to a SUBLICENSEE, COMPANY shall be deemed to fulfill its obligation under this Section 5.2 if it exercises commercially reasonable efforts to obtain such information: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each countryPRODUCT; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES AFFILIATES, and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due deliverable to THE PARTIES XXXXXXXXX from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and; (vii) the number of sublicenses SUBLICENSE agreements entered into for the PATENT RIGHTS, LICENSED PRODUCTS PRODUCTS, and/or LICENSED PROCESSESPROCESSES and (viii) achievement of any Milestones under Section 4.1(c) (and COMPANY shall pay the related milestone payments concurrently with the delivery of such report). If no amounts are due to THE PARTIES for any REPORTING PERIOD, the die report shall will so state.. ***Confidential Treatment Requested*** ***Text Omitted and Filed Separately with the Securities and Exchange Commission Confidential Treatment Requested Under

Appears in 1 contract

Samples: Exclusive Patent License Agreement

Content of Reports and Payments. Each report delivered by COMPANY BIOMARIN to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number units of LICENSED PRODUCTS sold, leased or distributed by COMPANYBIOMARIN, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANYBIOMARIN, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANYBIOMARIN, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANYBIOMARIN, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANYBIOMARIN, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion, if applicable; (vi) the amount of SUBLICENSE INCOME received by COMPANY BIOMARIN from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no sales were made and/or no amounts are due to THE PARTIES M.I.T. for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Biomarin Pharmaceutical Inc)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES M.I.T. shall contain at least the following information for the immediately preceding REPORTING PERIOD: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description the number of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereundercountry; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES REVENUES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES REVENUES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES M.I.T. from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. If no amounts are due to THE PARTIES for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Lithium Technology Corp)

Content of Reports and Payments. Each report delivered by COMPANY to THE PARTIES WSU shall contain at least the following information for the immediately preceding REPORTING PERIODinformation: (i) the number of LICENSED PRODUCTS sold, leased or distributed by COMPANY, its AFFILIATES and SUBLICENSEES to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS used by COMPANY, its AFFILIATES and SUBLICENSEES in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANY, its AFFILIATES and SUBLICENSEES for each LICENSED PRODUCT and, if applicable, the gross price charged for each LICENSED PRODUCT used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iv) calculation of NET SALES for the applicable REPORTING PERIOD in each country, including a listing of applicable deductions; (v) total royalty payable on NET SALES in U.S. dollars, together with the exchange rates used for conversion; (vi) the amount of SUBLICENSE INCOME received by COMPANY from each SUBLICENSEE and the amount due to THE PARTIES WSU from such SUBLICENSE INCOME, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOME; and (vii) the number of sublicenses entered into for the PATENT RIGHTS, LICENSED PRODUCTS and/or LICENSED PROCESSES. An example of such report is provided in Appendix B. If no amounts are due to THE PARTIES WSU for any REPORTING PERIOD, the report shall so state.

Appears in 1 contract

Samples: Exclusive Patent License Agreement

Content of Reports and Payments. Each report delivered by COMPANY Company to THE PARTIES Bxxxxxx shall contain at least the following information for the immediately preceding REPORTING PERIODReporting Period: (i) the number of LICENSED PRODUCTS Licensed Products sold, leased or distributed by COMPANYCompany, its AFFILIATES Affiliates and SUBLICENSEES Sublicencees to independent third parties in each country, and, if applicable, the number of LICENSED PRODUCTS Licensed Products used by COMPANYCompany, its AFFILIATES Affiliates and SUBLICENSEES Sublicensees in the provision of services in each country; (ii) a description of LICENSED PROCESSES performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country as may be pertinent to a royalty accounting hereunder; (iii) the gross price charged by COMPANYCompany, its AFFILIATES Affiliates and SUBLICENSEES Sublicensees for each LICENSED PRODUCT Licensed Product and, if applicable, the gross price charged for each LICENSED PRODUCT Licensed Product used to provide services in each country; and the gross price charged for each LICENSED PROCESS performed by COMPANY, its AFFILIATES and SUBLICENSEES in each country; (iviii) calculation of NET SALES Net Revenues, broken down by U.S. Net Revenues and Foreign Net Revenues, for the applicable REPORTING PERIOD Reporting Period in each country, including a listing of applicable deductionsdeductions and/or reductions as allowed under Section 1.8; (viv) total royalty payable on NET SALES Net Revenues in U.S. dollars, broken down by U.S. Net Revenues and Foreign Net Revenues, together with the exchange rates used for conversion; (viv) the amount of SUBLICENSE INCOME Sublicense Income received by COMPANY company from each SUBLICENSEE Sublicensee and the amount due to THE PARTIES Bxxxxxx from such SUBLICENSE INCOMESublicense Income, including an itemized breakdown of the sources of income comprising the SUBLICENSE INCOMESublicense Income; and (viivi) the number of sublicenses entered into for the PATENT RIGHTSPatent Rights, LICENSED PRODUCTS and/or LICENSED PROCESSESLicensed Products. [***] Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. If no amounts are due to THE PARTIES Bxxxxxx for any REPORTING PERIODReporting Period, the report shall so state. Concurrent with each report, Company shall remit to Bxxxxxx any payment due for the applicable Reporting Period.

Appears in 1 contract

Samples: License Agreement (MAKO Surgical Corp.)

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