Fees on Other Payments Clause Samples

Fees on Other Payments. In the event that Allergan grants to any Third Party a license or right to commercialize any Restasis products in any country(ies) in the Allergan Product Territory, all compensation and consideration (whether in the form of signing fee, license fee, milestone payment, royalty, fee or otherwise, but excluding payments for research and development support for Restasis products that can be substantiated or for equity issued by Allergan at or above fair market value) paid to Allergan for the grant of any such license or right to market Restasis products shall be considered “Net Sales” for purposes of Section 4.1.