Common use of Highest Royalty Due Clause in Contracts

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 a Patent Product, Regulatory Exclusivity Product and an Other Product, but not a Generic Product, Company shall pay Columbia shall be entitled to the Patent Product royalty rate on the Product during the Royalty Term when such Product is a Patent Product and will pay the Other Product royalty rate on the Product for the remainder of any Royalty Term to the extent such Product is an Other Product. Columbia shall The Company will not be entitled obligated to pay Columbia 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 if, as of the manufacture date of first commercial sale of a given Product in a given country, such Product is Covered by the claim a Valid Claim of a PatentPatent in such country of sale (so is a Patent Product), and the manufacture of that such Product also incorporates in part Technical InformationInformation (so is an Other Product), Company must is obligated to pay the royalty specified in Section 4b(ii)(A)(14b(iii)(A)(1). If, after some period of time (for example, five years) of paying the royalties specified in Section 4b(ii)(A)(14b(iii)(A)(1) on the Product, the Product ceases to be a Patent ProductProduct in a given country, Company must shall continue to pay royalties on the Product pursuant to under Section 4b(ii)(A)(34b(iii)(A)(2) for the duration specified in Section 4e measured from the first bona fide commercial sale remainder of the Patent Product on a Royalty Term in such country-by-country and product-by-product basis.

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, Company shall pay Columbia shall be entitled to the Patent Product royalty rate on the Product. Columbia shall Company will not be entitled obligated to pay Columbia more than one royalty payment on the same Product sale under Section 4. To the extent that a Product ceases being a Patent Product, Product but is still an Other Product, Company shall pay 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 shall continue to pay royalties on the Product pursuant to under Section 4b(ii)(A)(34b(ii)(A)(2) 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, Regulatory Exclusivity Product and Other Product, but not a Generic Product, Company shall pay Columbia shall be entitled to the Patent Product royalty rate on the Product. Columbia shall Company will not be entitled obligated to pay Columbia more than one royalty payment on the same Product sale under Section 4. To the extent that a Product ceases being a Patent Product, Product but is still an Other Product, Company shall pay Columbia shall be entitled to the Other Product royalty rate on the Product, but only for such time as specified in Section 4e4(e). 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 shall continue to pay royalties on the Product pursuant to under Section 4b(ii)(A)(34b(ii)(A)(2) for the duration specified in Section 4e 4(e) measured from the first bona fide commercial sale of the Patent Product on a country-by-country and product-by-product basis.