Common use of Know-How Royalty Rates Clause in Contracts

Know-How Royalty Rates. If a Product is not covered by a Valid Patent Claim in the Territory, WCCI shall pay Paratek royalties at [***] percent ([***]%) of the applicable rates specified in Section 7.5.1 until expiration of the Royalty Term applicable to such Product. The Parties hereby acknowledge and agree that royalties that are payable for a Product during the Royalty Term for which no Patent Rights exist shall be in consideration of (a) Paratek’s expertise and know-how concerning the research, manufacture and Development of Compounds in the Field, including development activities conducted prior to the Effective Date; (b) the disclosure by Paratek to WCCI of results obtained in by Paratek in it performance of activities with respect to the Development; and (c) the licenses granted to WCCI hereunder with respect to Licensed Technology and Joint Technology that are not within the claims of any Patent Rights Controlled by Paratek.

Know-How Royalty Rates. If a Product is not covered by a Valid Patent Claim in the Territory, WCCI shall pay Paratek royalties at [***] percent ([***]%) of the applicable rates specified in Section 7.5.1 until expiration of the Royalty Term applicable to such Product. The Parties hereby acknowledge and agree that royalties that are payable for a Product during the Royalty Term for which no Patent Rights exist shall be in consideration of (a) Paratek’s expertise and know-how concerning the research, manufacture and Development of Compounds in the Field, including development activities conducted prior to the Effective Date; (b) the disclosure by Paratek to WCCI of results obtained in by Paratek in it performance of activities with respect to the Development; and (c) the licenses granted to WCCI hereunder with respect to Licensed Technology and Joint Technology that are not within the claims of any Patent Rights Controlled by ParatekXxxxxxx. 7.5.3.