Highest Royalty Due. If a Product is covered by both the definition of Patent Product, Regulatory Exclusivity Product and Other Product, but not a Generic Product, Columbia shall be entitled to the Patent Product royalty rate on the Product. Columbia shall not be entitled to more than one royalty payment on the same Product sale under Section 4. To the extent a Product ceases being a Patent Product, but is still an Other Product, Columbia shall be entitled to the Other Product royalty rate on the Product, but only for such time as specified in Section 4e. By way of example, but not by way of limitation, if the manufacture of a Product is Covered by the claim of a Patent, and the manufacture of that Product also incorporates in part Technical Information, Company must pay the royalty specified in Section 4b(ii)(A)(1). If, after some period of time (for example, five years) of paying the royalties specified in Section 4b(ii)(A)(1) on the Product, the Product ceases to be a Patent Product, Company must continue to pay royalties on the Product pursuant to Section 4b(ii)(A)(3) for the duration specified in Section 4e measured from the first bona fide commercial sale of the Patent Product on a country-by-country and product-by-product basis.
Highest Royalty Due. If a Product is covered by both the definition of Patent Product and Other Product, CSMC shall be entitled to the Patent Product Royalty Rate on the Product as defined in Section 4.3(a)(i), but shall not be entitled to also receive the Other Product Royalty Rate on the same Product under Section 4.3(a)(ii). To the extent a Product ceases being a Patent Product, but is still an Other Product, CSMC shall be entitled to receive a Royalty on such Product at the Other Product Royalty Rate, but only for such time as specified in Section 4.3(g).
Highest Royalty Due. Columbia shall not be entitled to more than [*] on the same Product sale under Section 4b(ii)(A). To the extent a Product was a Patent Product as of the date of first commercial sale but subsequently ceases being a Patent Product but is still an Other Product, Columbia shall be entitled to the Other Product royalty rate on the Product, but only for the remainder of the Royalty Term for the Product as an Other Product, with the Royalty Term being deemed to have commenced as of the date first commercial sale of the Patent Product. By way of example, but not by way of limitation, if the manufacture of a Product is Covered by the claim of a Patent, and the manufacture of that Product would not have been possible but for the use of the Technical Information, the Product is a Patent Product, not an Other Product, and Company must pay the royalty specified in Section 4(b)(ii)(A)(1) or Section 4(b)(ii)(A)(2), as applicable. If, after some period of time (for example, five years) of paying the royalties specified in Section 4b(ii)(A)(1) or Section 4b(ii)(A)(2) on the Product, the Product ceases to be a Patent Product, Company must continue to pay royalties on the Product as an Other Product as specified in Section 4(b)(ii)(A)(3) for the remainder of the Royalty Term, which is measured from the first bona fide commercial sale of the Patent Product on a country-by-country and product-by-product basis.
Highest Royalty Due. If a Licensed Product is covered by both the definition of Patent Product and Know-How Product, Columbia shall be entitled to the Patent Product royalty rate on the Licensed Product. Columbia shall not be entitled to more than one royalty payment on the same Licensed Product. To the extent a Licensed Product ceases being a Patent Product, but is still a Know-How Product, Columbia shall be entitled to the Know-How Product royalty rate on the Know-How Product, but only for remainder of the Royalty Term for a Know-How Product.
