Expiration of Royalty Obligations. The royalty obligations set forth in Section 5.2 above shall expire on a country-by-country basis in those countries in which a BioNumerik Patent Right covers the use or sale of Product(s), effective as of the date upon which the use or sale of Product(s) in such country would no longer infringe a valid claim of a BioNumerik Patent Right in the absence of the rights granted hereunder, provided however that (a) all royalty obligations shall continue on a country-by-country basis until the last patent expiry of the medical use and/or formulation patent applications and/or patents which claim the use and/or marketing approved formulation of BNP7787 as listed in Attachment A, such as cisplatin, carboplatin and/or taxane derivatives, and (b) all royalty obligations shall continue during the time that any patent application included in the Patent Rights is being prosecuted. If a new patent is issued in a particular country with respect to the Product(s) where the royalty obligations have or would have otherwise expired in such country, the royalty obligations contained in Section 5.2 shall be renegotiated in accordance with their terms with respect to such country, provided that (a) the Parties shall assess the new patent together using an estimated net present value estimate of the potential economic outcome of such new patent that is agreed to provide a [**] net present value to BioNumerik and ASTA Medica, and (b) the lower limit of the royalty to BioNumerik with respect to such new patent in such country will be [**] of the Gross Profits with respect to such country, if the patent issued protects marketing exclusivity of the Product in such country. Royalties on Product(s) shall also continue to be paid by ASTA Medica pending final resolution of any litigation or dispute involving ASTA Medica, BioNumerik, the Product(s) or the Patent.
Expiration of Royalty Obligations. Xxxxxxx retains a nonexclusive license under the ACI Know-How in the Territory and Field to make, use, sell, import and have such acts performed for Xxxxxxx’x benefit following expiration of all royalty obligations in respect of any Product.
Expiration of Royalty Obligations. Unless this Agreement is earlier terminated in accordance with ARTICLE 10, the obligation of MDCO to pay Royalties to Eagle in respect of a Product shall expire on a Product-by-Product and country-by-country basis on the later of (a) [*] after the First Commercial Sale of such Product in such country, and (b) the date of expiration of the last Valid Claim within the Eagle Patents Covering the sale of such Product in such country. Upon such expiration, the license under the Eagle Intellectual Property granted to MDCO in each such country shall be fully-paid, royalty-free and irrevocable.
Expiration of Royalty Obligations. The royalty obligations set forth in subsection (a) above shall expire on a country-by-country basis upon the later of: (i) in those countries in which a Gilead Patent Right, Joint Patent Right or Roche Patent Right covers the manufacture, use or sale of a Product sold by Roche, its Affiliate or a licensee, the date upon which the manufacture, use or sale of such Product would no longer infringe a Valid Claim of a Gilead Patent Right, Joint Patent Right or Roche Patent Right in the absence of rights thereunder; and (ii) [ ] after the date of First Commercial Sale of the Licensed Product in such country(ies).
Expiration of Royalty Obligations. The royalty obligations set forth in Section 6.3 above shall expire on a country-by-country and product-by-product basis upon the later of: (i) in those countries in which a USGN Patent Right or Joint Patent Right Covers the manufacture, use or sale of a Product sold by Kidde, its Affiliate or its sublicensees, the date upon which the manufacture, use or sale of such Product would no longer infringe a Valid Claim of a USGN Patent Right or Joint Patent Right in the absence of rights hereunder; or (ii) ten (10) years from the Effective Date.
Expiration of Royalty Obligations. Jxxxxxx retains the right, which includes retaining a nonexclusive license in the Territory under Provention New IP (including know-how) and Patent Rights thereon, to make, use, sell, import and have such acts performed for Jxxxxxx’x benefit following expiration of all royalty obligations in respect of any Product.
Expiration of Royalty Obligations. Provention retains a nonexclusive license in the Territory to make, use, sell, import and have such acts performed for Provention’s benefit following expiration of all royalty obligations in respect of any Product.
Expiration of Royalty Obligations. Upon expiration of SB's obligation to pay royalties with respect to a Product pursuant to Paragraph 6.1, SB shall have the royalty-free, perpetual right to continue to make, have made, use and sell such Product in the Territory.
Expiration of Royalty Obligations. Subject to the following sentence, Licensee's obligation to pay a running royalty shall terminate on a Licensed Product-by-Licensed Product and country-by-country basis, upon the date that is the later of (i) the last to expire of any issued and enforceable Licensed Patent which covers the actual manufacture, use, sale or importing of such Licensed Product in such country, or (ii) ten (10) years from the last new FDA or other comparable approval with respect to an Indication for the applicable Licensed Product in the applicable country but in no event more than twenty (20) years from the date of the first FDA or comparable approval for the first Indication with respect to such Licensed Product in such country. At the end of each such term, and on a country by country basis, Licensee shall have an irrevocable, fully paid up license under the Licensed Patents and Licensed Know- how in the Licensed Field to make, have made, use, offer to sell, sell, and import such Licensed Product in such country.
Expiration of Royalty Obligations. The obligation to pay RUNNING ROYALTIES and SUBLICENSE REVENUE ROYALTIES will expire, on a product-by-product and service-by-service basis, upon the last to expire of the patents included in the PATENT RIGHTS covering or claiming the manufacture, use, lease, import, export, sale, performance, and/or provision of a subject LICENSED PRODUCT and/or LICENSED SERVICE (as the case may be) in the appertaining country(ies).
