Duration of Royalties. Any royalties payable by ICAgen or Lilly to the other under this Article VI shall be payable on a country-by-country basis from the date of first commercial sale of a Product in such country by ICAgen or Lilly, as the case may be, until the expiration of the last to expire of any patent containing a Valid Claim included in the Patent Rights of the other in such country covering such Product. The term “covering” as used herein means any issued patent included in the Patent Rights of the other having a Valid Claim which would be infringed by the unauthorized making, using or selling of a Product. For any country where there is no Valid Claim under the Patent Rights of the other covering the Product, full royalties shall be payable by ICAgen or Lilly to the other as provided in this Article VI as to the Product for a period of 10 years from first commercial sale; provided, however, in the event a product containing the same active ingredient is sold by a third party for the same therapeutic indication, then the royalty obligations under this sentence shall cease; and provided further that, if a Valid Claim covering the Product should issue at any time, then royalties shall be payable by ICAgen or Lilly to the other under this Article VI until the expiration of the last to expire of any patent containing a Valid Claim included in the Patent Rights of the other in such country covering such Product.
Duration of Royalties. Xxxxx shall not be obligated to make any further royalty payments in any country for any Licensed Product after the end of the period commencing on the date of the first Commercial Sale of the Licensed Product in that country by Xxxxx, its Affiliates or Sublicensees and ending either on the expiration of a valid, enforceable claim of a Patent Right covering the Licensed Product in that country or ten (10) years after the date of the first Commercial Sale, whichever is later.”
Duration of Royalties. CpG shall not be obligated to make any further royalty payments in any country for any Licensed Product after the end of the period commencing on the date of the first Commercial Sale of the Licensed Product in that country by CpG, its Affiliates or Sublicensees and ending either on the date of expiration of a valid, enforceable claim of a Patent Right covering the Licensed Product in that country or fifteen (15) years after the date of the first Commercial Sale, whichever is later.
Duration of Royalties. The royalties due hereunder will be payable on a country by country, Product by Product basis beginning on the first commercial sale of the applicable Product in the applicable country and ending on the later of (a) […***…] after the date of first commercial sale of such Product in such country if there are no issued patents included in the Patent Rights pertaining to such Product in such country or (b) the expiration of the last to expire of the issued patents included in the Patent Rights pertaining to such Product in such country. For the avoidance of doubt, no royalties shall be due hereunder in the event that the royalty obligation arises solely by virtue of issued patents included in the Patent Rights that claim the manufacture, use or sale of the Biomolecule incorporated into the Product that was discovered, identified, or developed, or the utility of which is discovered or identified in the course of the Research Program (and not issued patents included in the Patent Rights that claim the manufacture, use or sale of the Product) and the issued patents included in the Patent Rights applicable to such Biomolecule have expired or have been abandoned in all countries.
Duration of Royalties. The term of any royalty obligation hereunder shall, with respect to each COR Product, be on a country-by-country basis until the later of [XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX].
Duration of Royalties. Royalties on Licensed Products will be payable, on a country-by-country and product-by-product basis for as long as Licensee is generating Net Income from Licensed Products.
Duration of Royalties. The royalties due hereunder will be payable on a country by country, Product by Product basis beginning on the first commercial sale of the applicable Product in the applicable country and ending on the later of (a) […***…] after the date of first *** Confidential Treatment Requested commercial sale of such Product in such country if there are no issued patents included in the Patent Rights pertaining to such Product in such country, or (b) the expiration of the last to expire of the issued patents included in the Patent Rights pertaining to such Product in such country. For the avoidance of doubt, no royalties shall be due hereunder in the event that the royalty obligation arises solely by virtue of issued patents included in the Patent Rights that claim the manufacture, use or sale of the Biomolecule incorporated into the Product that was discovered, identified, or developed, or the utility of which is discovered or identified in the course of the Research Program or the research program conducted under the Research Collaboration Agreement (and not issued patents included in the Patent Rights that claim the manufacture, use or sale of the Product) and the issued patents included in the Patent Rights applicable to such Biomolecule have expired or have been abandoned in all countries. If there is no patent protection available in a country and Diversa or Third Party commercializes a product which competes with a Syngenta Product, the Parties shall negotiate in good faith to reduce or terminate Syngenta’s royalty obligation with respect to such Syngenta Product in such country as necessary to put such Syngenta Product on a competitive basis with such competing product.
