Multiple Royalties. If Licensee, its Affiliate or Sublicensee is required to pay a non-Affiliate third party amounts with respect to a Licensed Product under agreements for patent rights or other technologies which Licensee, its Affiliate or Sublicensee, in its reasonable judgment, determines are necessary or desirable to license or acquire with respect to such Licensed Product, Licensee may deduct such amount owing to such non-Affiliate third parties (prior to any reductions) from the royalty owing to Scripps for the sale of such Licensed Product pursuant to Section 2.2 above. Notwithstanding the foregoing provisions of this Section 2.5, in no event shall the royalties due to Scripps pursuant to Section 2.2 above be so reduced to less than fifty percent (50%) of the amount that would otherwise be due Scripps thereunder.
Multiple Royalties. No multiple royalties shall be payable because a Product, its manufacture, use or sale is or shall be Covered by more than one Valid Claim of a Vitae Patent, BI Patent or Joint Patent. ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTION.
Multiple Royalties. No multiple royalties shall be due because any Licensed Product, Licensed Service or Licensed Process is covered by more than one of the Licensed Patent Rights. In such case, Licensee shall pay the highest applicable royalty actually owed to TSRI for such Licensed Patent Rights.
Multiple Royalties. No multiple royalties shall be payable because LICENSED PRODUCTS, their manufacture, use or sale shall be covered by more than one patent application or patent licensed under this Agreement. In the event that a LICENSED PRODUCT'S manufacture, use or sale shall be covered by one or more patent application or patent licensed under this Agreement and by one or more patent application or patent license under any other agreement between LICENSEE and UKRF or the University of Kentucky, (together with this Agreement, the "Multiple License Agreements"), LICENSEE shall pay the highest of the agreed upon royalty rate applicable for such LICENSED PRODUCT under any of the Multiple License Agreements plus [*] of the second highest agreed upon royalty rate under any of the other Multiple License Agreements. In the event that a LICENSED PRODUCT's manufacture, use or sale shall be covered by one or more patent application or patent licensed under this Agreement and by one or more patent application or patent licensed under any other agreement between LICENSEE and one or more third parties (not including UKRF or University of Kentucky), then LICENSEE and UKRF shall negotiate in good faith to determine the applicable royalty rate payable to UKRF for such LICENSED PRODUCT hereunder.
Multiple Royalties. No multiple royalties shall be payable because a Product, its manufacture, use or sale is or shall be covered by more than one Valid Claim of a patent included in the Compound Patent Rights or more than one patent under the Compound Patent Rights.
Multiple Royalties. No multiple royalties shall be due because any Licensed Product is covered by more than one of the Licensed Patent Rights.
Multiple Royalties. No multiple royalties shall be due because any Licensed Product is Covered by more than one of the Licensed Patent Rights or patent claims therein. With respect to a particular Net Sales of a Licensed Product, Verastem shall pay only one royalty to Poniard, as applicable, pursuant to Section 4.4.
Multiple Royalties. If Licensee, its Affiliate or Sublicensee is required to pay to non- Affiliate third parties royalties with respect to a Licensed Product under agreements entered into after the Effective Date for patent rights or other technologies which Licensee, its Affiliate or Sublicensee, in its reasonable judgment, determines are desirable to license or acquire with respect to such Licensed Product, and the total of such third party royalties and the royalties to be paid by Licensee to SKCC would exceed [*] on sales of such Licensed Products by Licensee and/or Affiliates or [*] on sales of such Licensed Products by Sublicensees, the amounts to be paid under Section 4.2 shall be reduced in accordance with the following formulas:
Multiple Royalties. In the event that Company must pay Third Party Royalties, Company may deduct up to fifty percent (50%) of such Third Party Royalties from any royalty amounts due NU under this Agreement, provided that in no event shall the royalties due to NU be less than fifty percent (50%) of the royalties that Company would otherwise pay to NU absent the effects of this Section 4.5.
Multiple Royalties. If Company, its Affiliate or Sublicensee is required to pay a non-Affiliate third party other than the Buck Institute for Research on Aging amounts with respect to a Licensed Product or Buck Licensed Product under agreements for patent rights or other technologies which Company, its Affiliate or Sublicensee, in its best judgment, determines are necessary to license or acquire with respect to such Licensed Product or Buck Licensed Product, Company may deduct such amount owing to such non-Affiliate third parties (prior to any reductions) from the royalty owing to Mayo for the sale of such Licensed Product or Buck Licensed Product pursuant to Section 3.5 above. Notwithstanding the foregoing provisions of this Section 3.6, in no event shall the royalties due to Mayo pursuant to Section 3.5 above be so reduced to an amount less than:
(i) [***] percent ([***]%) of the amount that would otherwise be due to Mayo with respect to Licensed Products or Buck Licensed Product subject to Sections 3.5(a) or 3.5(b); or
(ii) [***] percent ([***]%) of the amount that would otherwise be due to Mayo with respect to Licensed Products or Buck Licensed Product subject to Section 3.5(c).
