Common use of Know-How Royalty Clause in Contracts

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a), in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at [***] of the applicable royalty rate determined according to Section 5.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a).

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a)5.4.1. above, in countries where the sale of Product by Merck MERCK or its Related Parties would not infringe a Valid Patent Claim, Merck MERCK shall pay royalty rates that shall be set at [**] percent ([*] *]%) of the lowest applicable royalty rate determined according to Section 5.4.1(a)5.4.1.1., as applicable. Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a)5.4.1.1 above.

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a)5.3.2 above, on a Product-by-Product basis, in countries in the Territory where the sale of such Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalties on Net Sales of such Product sold by Merck or its Related Parties for use in the Field in such countries at royalty rates that shall be set at [...***...] of the applicable royalty rate determined according to Section 5.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a)5.3.2, mutatis mutandis.

Know-How Royalty. Notwithstanding the provisions of Except as provided for in Section 5.4.1(a)) above, in countries where the sale of Product by Merck or its Related Parties * would not infringe a Valid Patent Claim, and provided that *, Merck shall pay Geron a royalty rates that shall be set rate on Net Sales at [* percent ***] % of the applicable royalty rate determined according to in Section 5.4.1(a5.5.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a)) above.

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a)7.4.1.1, in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at [***] of the applicable royalty rate determined according to Section 5.4.1(a)7.4.1.1. Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a)7.4.1.1.

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a)) above, in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at [**] percent ([*] *]%) of the applicable royalty rate determined according to Section 5.4.1(a) hereof ("Know-How Royalty"). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a)) above.

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a5.3.1(a), in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at [* percent (***] %) of the applicable royalty rate determined according to Section 5.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a5.3.1(a).

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a5.3.1(a), in on a Licensed Product-by-Licensed Product and country-by-country basis, for countries where the sale of a Licensed Product by Merck or its Related Parties would is not infringe covered by a Valid Patent Claim, Merck shall pay royalties on the Net Sales of such Licensed Product in such countries at royalty rates that shall be set at [**] percent ([*] *]%) of the applicable royalty rate rates determined according to Section 5.4.1(a5.3.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a5.3.1(a).

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a)9.4.1, in countries in the Royalty Territory where the sale of Product by Merck or its Related Parties would not not, absent the licenses granted in this Agreement and any sublicenses thereof, infringe a Valid Patent ClaimClaim corresponding to such Product in such country, Merck shall pay royalties at royalty rates that shall be set at [***[ * ] percent ([ * ]%) of the applicable royalty rate determined according to Section 5.4.1(a)9.4.1 for the Royalty Term. Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a)9.4.1.

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a6.4.1(a), in on a Licensed Product-by-Licensed Product and country-by-country basis, for countries where the sale of a Licensed Product by Merck or its Related Parties would is not infringe covered by a Valid Patent Claim, Merck shall pay royalties on the Net Sales of such Licensed Product in such countries at royalty rates that shall be set at [***] of the applicable royalty rate rates determined according to Section 5.4.1(a6.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a6.4.1(a).

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a), in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at reduced to [***] of the applicable royalty rate determined according to Section 5.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a).

Know-How Royalty. Notwithstanding the provisions of Section 5.4.1(a5.2.3(a)(i), in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent ClaimClaim or a Competitive Product is sold in the country, Merck shall pay royalty rates that shall be set at [***] of the applicable royalty rate determined according to Section 5.4.1(a5.2.3(a)(i). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a5.2.3(a)(i).