Common use of Know-How Royalty Clause in Contracts

Know-How Royalty. Notwithstanding the provisions of Section 9.6.1(a), in countries where: (i) the manufacture, sale or use of a Royalty Product would not infringe a Valid Patent Claim in such country; and (ii) the regulatory or market exclusivity, if any, granted by a Regulatory Authority in such country with respect to such Royalty Product has expired, Merck shall pay royalty rates that shall be set at [*] of the applicable royalty rate determined according to Section 9.6.1(a).

Know-How Royalty. Notwithstanding the provisions of Section 9.6.1(a6.4.1(a), in on a Licensed Product-by-Licensed Product and country-by-country basis, for countries where: (i) where the manufacture, sale or use of a Royalty Licensed Product would by Merck or its Related Parties is not infringe covered by a Valid Patent Claim in such country; and (ii) the regulatory or market exclusivity, if any, granted by a Regulatory Authority in such country with respect to such Royalty Product has expiredClaim, 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 9.6.1(a6.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 6.4.1(a).

Know-How Royalty. Notwithstanding the provisions of Section 9.6.1(a), in countries where: (i) the manufacture, sale or use of a Royalty Product would not infringe a Valid Patent Claim in such country; and (ii) the regulatory or market exclusivity, if any, granted by a Regulatory Authority in such country with respect to such Royalty Product has expired[***], Merck shall pay royalty rates that shall be set at [***] of the applicable royalty rate determined according to Section 9.6.1(a).