Common use of Expiration of Royalty Obligations Clause in Contracts

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. 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. 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.