Fees Royalties and Payments. 4.1 SEED COMPANY shall pay to USDA a license execution fee of Dollars ($X,XXX.XX), no part of which shall be refunded for any reason. Payment shall be due within thirty (30) days of the Effective Date.
4.2 SEED COMPANY shall pay USDA royalties of percent (_%) on the Net Sales of Licensed Product by SEED COMPANY, its sublicensees or its Contract Growers. Royalties shall be due and payable upon submission of each royalty report, in accordance with the provisions of Paragraph 5.2 below.
4.3 SEED COMPANY shall apply for plant breeder’s rights for the Licensed Variety in all countries outside the United States that are included in Licensed Territory Two, and all such applications shall be made in the name of the United States of America as represented by the Secretary of Agriculture. SEED COMPANY shall be responsible for the preparation and submission of all required documents to the appropriate authorities. USDA shall provide reasonable assistance to SEED COMPANY as required for the preparation and submission of documents. SEED COMPANY shall pay any and all fees required to obtain and maintain breeder’s rights for the Licensed Variety in Licensed Territory Two.
4.4 SEED COMPANY shall provide to USDA, at SEED COMPANY’s expense, up to (reasonable quantity) of Licensed Product per year for research and demonstration purposes. USDA shall submit to SEED COMPANY a written request for such material at least (#) days prior to the desired delivery date. [Note: This clause should be deleted if the ARS breeder does not need any additional seed.]
4.5 Other than royalties payable under Paragraph 4.2 above, SEED COMPANY shall pay to USDA fifty percent (50%) of any payments received from a sublicensee as consideration for the rights granted to the sublicensee for the Licensed Variety, as provided in Paragraph 2.3 above. Payment to USDA shall be due within thirty (30) days of receipt by SEED COMPANY of any such payments by sublicensees.
4.6 All payments due to USDA under this Article IV shall be payable in United States dollars using Xxx.xxx at xxxxx://xxx.xxx/public/form/start/76123725. Xxx.xxx accepts payments from a U.S. bank (up to U.S. $99,999,999.99 per transaction) or using a credit card (up to U.S. $24,999.99 for all transactions on the same day using the same credit card). Please refer to License No. (XXXX-XXX) when submitting payments. A late payment of a license fee or royalty shall automatically raise said fee or royalty by an amount equal to one percent (1%) of t...
Fees Royalties and Payments. 5.1 Fees and royalties due on Net Sales of Licensed Products or Licensed Services will be as specified in this Article 5, Exhibit C (FEES AND ROYALTIES), and Article 7 (ROYALTY AND PROGRESS REPORTS) of this Agreement. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
5.2 As partial consideration for the rights granted to LICENSEE, LICENSEE will pay to LLNS the License Issue Fee as set forth in Exhibit C.
5.3 As partial consideration for all the rights granted to LICENSEE, LICENSEE will pay LLNS minimum annual royalties as set forth in Exhibit C.
5.4 As partial consideration for all the rights granted to LICENSEE, LICENSEE will pay to LLNS earned royalties at the rate set forth in Exhibit C.
5.5 Earned royalties shall accrue when Licensed Products or Licensed Services are invoiced, or if not invoiced, when delivered in a manner constituting a Net Sale as defined in Article 2 (DEFINITIONS), Paragraph 2.12.
5.6 Payment for earned royalties will include all royalties accrued up to the last day of the most recently completed [****].
5.7 All consideration due LLNS shall be payable in United States dollars. When Licensed Products or Licensed Services are sold for monies other than United States dollars, earned royalties will first be determined in the foreign currency of the country in which such Licensed Products or Licensed Services were Sold and then converted into equivalent United States dollars. The exchange rate will be the average exchange rate quoted in the Wall Street Journal during the last thirty (30) days of the reporting period.
5.8 Earned royalties on Sales of Licensed Products or Licensed Services occurring in any country outside the United States shall not be reduced by any taxes, fees, or other charges imposed by the government of such country except those taxes, fees, and charges allowed under the provisions of Paragraph 2.12 (Net Sales). LICENSEE also will be responsible for all bank transfer charges.
5.9 Notwithstanding the provisions of Article 26 (FORCE MAJEURE), if at any time legal restrictions prevent prompt remittance of any earned royalties or other consideration owed to LLNS by LICENSEE with respect to any country where a sublicense is issued or a Licensed Product or Licensed Service is Sold, then LICENS...
Fees Royalties and Payments. 5.1 As partial consideration for rights granted to LICENSEE, LICENSEE will pay to THE REGENTS a license issue fee and maintenance fees as set forth in Exhibit C (FEES AND ROYALTIES).
5.2 As further consideration for rights granted to LICENSEE, LICENSEE will pay to THE REGENTS a minimum annual royalty and an earned royalty based on Net Sales as set forth in Exhibit C (FEES AND ROYALTIES).
5.3 LICENSEE will pay royalties to THE REGENTS according to the schedule specified in Article 7 (PROGRESS AND ROYALTY REPORTS).
5.4 LICENSEE will pay all fees and royalties in U.S. dollars collectible at par in San Francisco, California. When Licensed Products are sold for currencies other than U.S. dollars, earned royalties will first be determined in the foreign currency of the country in which the Licensed Products were sold and then converted into equivalent U.S. dollars. The exchange rate is that rate quoted in the Wall Street journal on the last business day of the reporting period and is quoted as local currency per U.S. dollar. LICENSEE will be responsible for all bank transfer charges.
5.5 Notwithstanding the provisions of Article 26 (FORCE MAJEURE), if at any time legal restrictions would prevent LICENSEE from making payment of part or all of any royalties in any country outside the U.S. from LICENSEE'S source of funds outside the U.S., LICENSEE will convert the amount owed to THE REGENTS into U.S. funds and pay THE REGENTS directly from LICENSEE'S U.S. source of funds.
5.6 No royalties are due on Net Sales to the Government. LICENSEE will reduce the amount charged for such sales by an amount equal to the royalty otherwise due THE REGENTS.
Fees Royalties and Payments. 4.1 HEPALIFE shall pay to USDA a license execution fee of ****. The first installment of **** shall be due and payable within thirty (30) days of the Effective Date of the Agreement. The second installment of **** shall be due and payable one (1) year from the Effective Date of the Agreement. No part of the license execution fee shall be refunded for any reason.
4.2 HEPALIFE shall pay to USDA an annual license maintenance fee in accordance with the following schedule: **** **** **** **** **** **** **** **** **** **** **** **** An annual maintenance fee of **** shall be due on March 1 of each calendar year thereafter for the term of the Agreement. The annual license maintenance fee shall be credited against royalties owed to USDA under Paragraph 4.3 below during the same calendar year. The annual license maintenance fee paid in a given calendar year shall not be credited against royalties owed in subsequent calendar years. No part of the annual license maintenance fee shall be refunded for any reason.
4.3 HEPALIFE shall pay USDA royalties **** on the Net Sales of Licensed Products I by HEPALIFE and its sublicensees. HEPALIFE shall pay USDA royalties **** on the Net Sales of Licensed Products II by HEPALIFE and its sublicensees. Royalties shall be due and payable upon submission of each royalty report, in accordance with the provisions of Paragraph 5.2 below.
4.4 HEPALIFE shall pay to USDA **** of any payments other than royalties payable under Paragraph 4.3 above received from a sublicensee as consideration for the rights granted to the sublicensee under the Licensed Patents. Such payments may include, but are not limited to, license execution fees, milestone payments, and license maintenance fees. Payments specifically committed to further research on the Licensed Products or payments received as consideration for the sale of HEPALIFE, in whole or in part, are excluded and shall not be considered part of this calculation.
4.5 HEPALIFE shall pay USDA a milestone payment upon completion of each of the following milestone events: ****
I. FDA Approval to Initiate a Phase I Clinical Trial **** Using Licensed Products in the United States II. FDA Approval to Initiate a Phase III Clinical Trial **** For Licensed Products in the United States
III. Grant of Final FDA Approval to Manufacture, Use **** Market and Sell Licensed Products in the United States Milestone payment(s) shall be due within thirty (30) days of receiving an approval or grant from FDA. Milestone ...
Fees Royalties and Payments. [The business terms of licenses granted by USDA are negotiated based upon the business plan provided with the company’s license application. Factors such as estimates of potential market size, market share and profitability, and the financial and resource investments required for commercialization are used to help determine fair and reasonable terms.]
Fees Royalties and Payments. 4.1 Upon execution of this Agreement, COMPANY shall pay to USDA a license execution fee of Thousand Dollars ($X,XXX.XX) for the hybridoma cell line(s) identified in Appendix 1, no part of which shall be refunded for any reason. Payment of such fee shall be due within thirty (30) days of the Effective Date. In accordance with Paragraph 7.1, this Agreement may be automatically renewed for additional five (5) year periods upon payment of a license renewal fee in the amount of Thousand Dollars ($X,XXX.XX) for each hybridoma cell line identified in Appendix 1, no part of which shall be refunded for any reason. Payment shall be due thirty (30) days prior to the end of the License Term.
4.2 COMPANY shall be responsible for costs associated with shipping and handling of the Licensed Materials.
4.3 COMPANY shall pay USDA royalties of percent (X%) on the Net Sales of Licensed Products by COMPANY. Royalties shall be due and payable upon submission of each royalty report, in accordance with the provisions of Paragraph 5.1 below.
4.4 All payments due USDA under this Article IV shall be payable in United States dollars for the account of USDA/Agricultural Research Service, License No. (XXXX-XXX). All checks and bank drafts shall be drawn on United States banks. A late payment of a license fee or royalty shall automatically raise said fee or royalty by an amount equal to one percent (1%) of the amount due for each month beyond the due date of such late payment. Conversion of foreign currency to United States dollars shall be made on the last business day of the applicable reporting period for the purchase of United States dollar bank wire transfers for settlement of such payment obligations. Any and all loss of exchange, value, taxes, or other expenses incurred in the transfer or conversion of other currency to United States dollars shall be paid entirely by COMPANY.
Fees Royalties and Payments. In consideration of the licenses granted under this Agreement, the Company shall pay to Subco or its designees a fee of 20% of the Net Sales, payable sixty (60) days after each fiscal quarter of the Company, based on the fiscal year of Company as declared for income tax purposes, subject to appropriate adjustments for any change in the fiscal year
Fees Royalties and Payments shall pay to USDA a license execution fee of [*****], no part of which shall be refunded for any reason. Payment of such fee shall be due within thirty (30) days of the Effective Date.
Fees Royalties and Payments. 4.1 Upon execution of this Agreement, COMPANY shall pay to USDA a license execution fee of Thousand Dollars ($X,XXX.XX) for the (hybridoma cell line(s) or microbial isolate(s) or cloned genetic material(s) identified in Appendix 1, no part of which shall be refunded for any reason. Payment of such fee shall be due within thirty (30) days of the Effective Date. In accordance with Paragraph 7.2 below, this Agreement may be automatically renewed for additional five (5) year periods upon payment of a license renewal fee in the amount of Thousand Dollars ($X,XXX.XX) FOR EACH (hybridoma cell line or microbial isolate or cloned genetic material) identified in Appendix 1, no part of which shall be refunded for any reason. Payment shall be due thirty (30) days prior to the end of the Licensed Term.
4.2 COMPANY shall be responsible for costs associated with shipping and handling of the Licensed Materials.
4.3 COMPANY shall pay USDA royalties of percent (X%) on the Net Sales of Licensed Products by COMPANY. Royalties shall be due and payable upon submission of each royalty report, in accordance with the provisions of Paragraph 5.1 below.
4.4 All payments due to USDA under this Article IV shall be payable in United States dollars using Xxx.xxx at xxxxx://xxx.xxx/public/form/start/76123725. Xxx.xxx accepts payments from a U.S. bank (up to U.S. $99,999,999.99 per transaction) or using a credit card (up to U.S. $24,999.99 for all transactions on the same day using the same credit card). Please refer to License No. (XXXX-XXX) when submitting payments. A late payment of a license fee or royalty shall automatically raise said fee or royalty by an amount equal to one percent (1%) of the amount due for each month beyond the due date of such late payment. Any and all loss of exchange, value, taxes, or other expenses incurred in the transfer or conversion of other currency to United States dollars shall be paid entirely by COMPANY.
Fees Royalties and Payments. 8.1 As further consideration for the issuance of this license and of the rights granted to Licensee, Licensee shall pay to Licensor an initial fee and royalties as follows:
(a) Licensee shall pay Licensor the initial fee set out in Schedule 5 immediately upon the execution of this Agreement. The initial fee is not refundable in whole or in part; and
(b) Licensee shall pay to Licensor monthly royalty at the rate set out in Schedule 5 per month. The royalty shall be paid within fifteen (15) days after the end of each calendar month; and
(c) Licensee shall pay to Licensor yearly royalty at the rate set out in Schedule 5. The royalty shall be paid within thirty (30) days after the end of each calendar year.
8.2 All payments to be made pursuant to this Agreement shall be made in United States Dollars either by check or by bank transfer to Licensor's Account, and shall be free and clear of,all taxes, charges and duties of whatever nature.
