Continuing Royalties Sample Clauses

Continuing Royalties. Due on the first of June 2017, and on the corresponding day of each year thereafter until the patent expires, Licensee shall pay to Licensor a sum equal to ten percent (10%) of any sub-license fees earned on the Licensed Property in the prior twelve months. In the event that Licensee initiates a lawsuit to enforce the Licensed Property against any potential infringer, any settlement or judgment resulting from said lawsuit shall be considered a sub-license fee to which Licensor is entitled (10%) ten percent. 2.2.1. A sub-licensee shall be any entity that contracts with and pays the Licensee for the explicit right to use or be exempt from suits for using the Licensed Property. This does not include an entity contracting with the Licensee for products or services that may embody the Licensed Property.
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Continuing Royalties. Following the expiration of the Royalty Term in respect of a Lumacan Product in a country in the Salix Territory, Salix shall, as consideration for its continued right to use the Licensed Trademarks and Licensed Technical Information for such Lumacan Product, pay royalties (“Continuing Royalties”) to Photocure in respect of Net Sales by Salix and its Affiliates and Sublicensees at the rate of [*] percent ([*]%) for as long as Salix or its Affiliates or Sublicensees Commercialize such Lumacan Product in such country. Prior to such expiration of the Royalty Term, the Parties acknowledge and agree that the Continuing Royalties for which provision is made in this Section 4.5(c) are included in the Royalties payable under Section 4.5(a).
Sample 1
Continuing Royalties. Following said payment of $150,000.00, FSTI will pay to AAC a continuing royalty of three percent (3%) of all net sales (pre-tax) of UNICORN Products thereafter. For purposes of this Agreement, the term "net sales" shall mean all revenues received by FSTI from all sources, less any sales taxes actually paid by FSTI (and separately itemized on any billing statements or contracts), in connection with sales, contracts, leases, assignments, licenses, etc., of UNICORN Products over and above the initial UNICORN sales of One Million Dollars ($1,000,000.00) described in Section 2(b) above.
Sample 1
Continuing Royalties. (a) BUYER shall pay SELLER Continuing Royalties of Three Percent (3%) of gross sales of alcohol or cocaine detoxification Process (defined below) BUYER (or any licensee) performs using the Intellectual Property for so long as BUYER (or any licensee) uses the Intellectual Property. (b) Continuing Royalties shall be paid by BUYER to SELLER on all collected funds for each Payment Period no later than the Payment Date. (c) BUYER shall tender payments of the Continuing Royalties due on each Payment Date by wire transfer to such account or accounts as SELLER may designate in advance. (d) BUYER shall pay the Continuing Royalties in US Dollars. (e) BUYER's obligation to pay Continuing Royalties to SELLER shall terminate after the public disclosure (other than as a result of a breach by BUYER of Section 8.1) of all Intellectual Property knowhow and the expiration of the last to expire of all Intellectual Property patents that are enforceable within the Territory. (f) In the event that Buyer shall make any improvements to the Intellectual Property, BUYER shall continue to be obligated to pay Continuing Royalties of Three Percent (3%) to SELLER of gross sales of alcohol or cocaine detoxification Processes BUYER (or any licensee) performs using the Intellectual Property and any improvements thereto.
Sample 1
Continuing Royalties. (a) Buyer shall pay Seller royalties (the “Continuing Royalties”) on the Component Cost of all Products that incorporate or use the Intellectual Property. (b) Buyer shall have no further obligation to pay Continuing Royalties to Buyer on Products that are sold after the date on which the last Patents expires or is finally determined by the United Sates Patent Office or a court of competent jurisdiction to be invalid. (c) There will be a cap of $[******] on Continuing Royalties with respect to sales of Products in [********]. No further Continuing Royalties will accrue in [********] after a total of $[********] Continuing Royalties is payable with respect to each [********]. (d) For avoidance of doubt, the Continuing Royalty will payable with respect to all sales of Products including government sales and sales into countries where the Intellectual Property has no patent protection. (e) The Continuing Royalty rates for each of the calendar years following Successful Commercialization of the Intellectual Property by Buyer are as follows: • Year [**] [***]% of Component Cost of display module • Year [**] [***]% of Component Cost of display module • Year [**] [***]% of Component Cost of display module • Year [**] [***]% of Component Cost of display module • Year [**] [***]% of Component Cost of display module • Year [**] to [********] $[***] per display module A display module is considered to be the set of components for displaying an image to one eye, so binocular eyeglasses would be considered to comprise two display modules. All Continuing Royalties on sales of products before Successful Commercialization are to be calculated at a rate of [***]% of Component Costs. (f) Continuing Royalties shall be paid by Buyer to Seller for each Payment Period no later than the Payment Date. (g) Buyer shall tender payments of the Continuing Royalties due on each Payment Date by wire transfer to such account or accounts as Seller may designate in advance. (h) Buyer shall pay the Continuing Royalties in US Dollars. Conversion of other currencies to US Dollars will be made based on conversion rates published in the Wall Street Journal on the last day of each Payment Period. (i) Buyer’s obligation to pay Continuing Royalties to Seller shall terminate upon expiration of the last Patents or upon it being deemed invalid by the US Patent Office (or the applicable patent authority in another country). (j) Interest shall accrue on the unpaid balance of any Continuing Royalties at ...
Sample 1
Continuing Royalties. 4.1 On or before the 10th day of each month, you will, without notice from Franchisor, pay Franchisor a Royalty Fee in the amount of 8% of Gross Revenues of the preceding month or partial month. Gross Revenues is defined in Section 6. 4.2 Each Royalty Fee payment will be accompanied by a statement of the previous month's Gross Revenues on a form approved by Franchisor. 4.3 If you are unable to operate from the Outlet due to damage or loss to the Outlet caused or created by a casualty, act of God, condemnation, or other condition over which you have no control, then the Royalty Fee will be waived for a period no greater than 1 year commencing with the month in which the damage or loss occurs.
Sample 1
Continuing Royalties. For payment of the initial license fee above, Phoenix may keep the first XXX in Net Revenue (as defined below) from the sale, license and maintenance of the Products. In addition to the initial license fee, after the first XXXX in NetRevenue, Phoenix shall pay to Dyad a percentage of its Net Revenues as follows: (i) XX of the Net Revenue received by Phoenix from the XXXXXX of the Products including, without limitation, XXXXXXXXXXXXX; (ii) XXX of its Net Revenue from XXXXXXXX of the Products; and (iii) Phoenix and Dyad shall XXXXXXXXX based on XXXXXXXXXX. It is anticipated that Dyad will assist with initial implementations and that Phoenix will eventually handle implementations on its own. Amounts due Dyad hereunder shall be paid to Dyad by the tenth business day following the receipt of such revenue by Phoenix, and shall be accompanied by the name of the End User, their address, and the number of locations where each End User is using the Products.
Sample 1
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Related to Continuing Royalties

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • Earned Royalties In partial consideration of the License and subject to Sections 3.7 and 3.8, Company will pay to Penn: (i) a graduated royalty as set forth in the table below based upon worldwide annual Net Sales made by Company and its Affiliates (but not sublicensees) of any Designated Compound Sold for use in the Field of Use while covered in the country of Sale of expected use by a Valid Claim of the Assigned BMS Patents that is licensed to Company under the License (but no other Licensed Product): <$500 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$500 million but <$750 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$750 million but <$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% [CONFIDENTIAL TREATMENT REQUESTED] /*/ PATENT LICENSE AGREEMENT (ii) a royalty of [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%) of Net Sales made by Company and its Affiliates (but not sublicensees) for all Licensed Products that qualify as “Licensed Products” hereunder based on clause (b) of that definition and Sold while covered in the country of Sale of expected use by a Valid Claim of the Penn Existing Patents or Penn New Patents; provided that, notwithstanding any credits provided for in Section 3.7 but subject in all events to Section 3.8, royalties payable by Company for such Net Sales for such Licensed Products shall not be less than [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%). Only one royalty shall be due hereunder on the Sale of the same unit of Licensed Product. If a royalty accrues to a Sale of a Licensed Product under both clause (i) and (ii) above, then the higher rate of clause (i) shall apply. Only one royalty shall be due hereunder on the Sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one Valid Claim of the Penn Patent Rights.

  • License Fees and Royalties Consistent with the applicable U.S. DOT Common Rules, the Recipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Underlying Agreement are program income, and must be used in compliance with federal applicable requirements.

  • Payments and Royalties 3.1 As an initial non-refundable payment for the licenses and rights herein granted to SHENZHEN HIGH POWER under this Agreement, SHENZHEN HIGH POWER shall pay to OBC the up-front fees, without subtraction or deduction of Chinese withholding taxes, if any, pursuant to the schedule set forth in Appendix II attached hereto. 3.2 In addition to the lump sum payment under Article 3.1 above, SHENZHEN HIGH POWER shall pay to OBC non-refundable running royalties, also pursuant to the schedule set forth in Appendix II hereto, of the Net Selling Price of the Licensed Consumer Hydride Batteries sold or Otherwise Disposed Of by SHENZHEN HIGH POWER and its Affiliates (either directly or through sales representatives or agents) in any country of the world during the period commencing on the Effective Date of this Agreement and ending upon the expiration of the last to expire of the Licensed Patents. 3.3 Notwithstanding that a Licensed Consumer Hydride Battery may be covered by (i) the claims of one or more of the Licensed Patents or (ii) the claims of one or more of the Licensed Patents in one or more countries throughout the world, SHENZHEN HIGH POWER, in connection with the manufacture or sale of the Licensed Consumer Hydride Batteries by SHENZHEN HIGH POWER, its successors or assigns shall be obliged to pay a single royalty hereunder and only on the first sale of such Licensed Consumer Hydride Batteries and not on any subsequent sale or resale thereof and all end-users, distributors, customers, dealers, or suppliers of SHENZHEN HIGH POWER, its successors or assigns of such Licensed Consumer Hydride Batteries shall be licensed to use and/or sell the same. 3.4 All statements submitted and all payments made pursuant to Article 3.1 and Article 3.2 herein shall be stated and made in U.S. legal tender at the selling rate of authorized foreign exchange bankers in various individual countries under the license for transfers to New York in U.S. dollars on the date on which payments are made as required hereunder.

  • Fees and Royalties In consideration for the license granted herein to LICENSEE under Patent Rights LICENSEE agrees to pay to UNIVERSITY: (a) license maintenance fees of i) [***] on the [***] anniversary of the Effective Date, and ii) [***] on the [***] anniversary of the Effective Date, and iii) [***] on the [***] and annually thereafter on each anniversary of the Effective date; (b) an earned royalty of [***] on Net Sales; [***] 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. (c) [***] of all sublicense fees received by LICENSEE from its Sublicensees that are not earned royalties. All fees and royalty payments specified in this Paragraph 3.1 shall be paid by LICENSEE in accordance with the provisions of Paragraph 4.3. If there are multiple, stacking royalties required to be paid by LICENSEE to any third party in order to exercise its rights hereunder to make, have made, use or sell the Licensed Products and the resulting aggregate royalty rate is [***], then the royalty rate under Section 3.1.(b) will be adjusted so that the combined royalty payments from LICENSEE to all of its licensors, including UNIVERSITY, does not exceed [***]. The royalty rate payable to UNIVERSITY will be reduced [***] to a rate determined by [***], provided, however, that in no event shall the royalty rate payable to LICENSEE be less than [***]. Notwithstanding the foregoing, if LICENSEE’s agreement with any of such other licensors provides for a royalty proration formula based on an aggregate royalty rate [***], LICENSEE and UNIVERSITY will replace the aggregate royalty rate set forth in this Section with [***].

  • Minimum Royalties If royalties paid to Licensor do not reach the minimum royalty amounts stated in Section 3.3 of the Patent & Technology License Agreement for the specified periods, Licensee will pay Licensor on or before the Quarterly Payment Deadline for the last Contract Quarter in the stated period an additional amount equal to the difference between the stated minimum royalty amount and the actual royalties paid to Licensor.

  • Royalties This agreement entitles the author to no royalties or other fees. To such extent as legally permissible, the author waives his or her right to collect royalties relative to the article in respect of any use of the article by the Journal Owner or its sublicensee.

  • Royalty Payments (1) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate. (2) LICENSEE shall pay earned royalties quarterly on or before February 28, May 31, August 31 and November 30 of each calendar year. Each such payment shall be for earned royalties accrued within LICENSEE’s most recently completed calendar quarter. (3) Royalties earned on sales occurring or under sublicense granted pursuant to this Agreement in any country outside the United States shall not be reduced by LICENSEE for any taxes, fees, or other charges imposed by the government of such country on the payment of royalty income, except that all payments made by LICENSEE in fulfillment of UNIVERSITY’s tax liability in any particular country may be credited against earned royalties or fees due UNIVERSITY for that country. LICENSEE shall pay all bank charges resulting from the transfer of such royalty payments. (4) If at any time legal restrictions prevent the prompt remittance of part or all royalties by LICENSEE with respect to any country where a Licensed Product is sold or a sublicense is granted pursuant to this Agreement, LICENSEE shall convert the amount owed to UNIVERSITY into US currency and shall pay UNIVERSITY directly from its US sources of fund for as long as the legal restrictions apply. (5) LICENSEE shall not collect royalties from, or cause to be paid on Licensed Products sold to the account of the US Government or any agency thereof as provided for in the license to the US Government. (6) In the event that any patent or patent claim within Patent Rights is held invalid in a final decision by a patent office from which no appeal or additional patent prosecution has been or can be taken, or by a court of competent jurisdiction and last resort and from which no appeal has or can be taken, all obligation to pay royalties based solely on that patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such final decision. LICENSEE shall not, however, be relieved from paying any royalties that accrued before the date of such final decision, that are based on another patent or claim not involved in such final decision, or that are based on the use of Technology.

  • Sublicense Income Company shall pay Medical School {***} of all Sublicense Income. Such amounts shall be due and payable within sixty (60) days after Company receives the relevant payment from the Sublicensee.

  • Earned Royalty In addition to the annual license maintenance fee, ***** will pay Stanford earned royalties (Y%) on Net Sales as follows:

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