No Double Payment. Notwithstanding anything to the contrary in Section 3.7, Akouos shall be entitled to (i) deduct from any Sublicense Income Payment due to MEE the amount of any development milestone payment paid by a Sublicensee to Akouos with respect to a Licensed Product when the amount of any development milestone payment has previously or concurrently been paid by Akouos to MEE with respect to such Licensed Gene Target pursuant to Section 3.2, and (ii) deduct from any Sublicense Income Payment due to MEE the amount of any sales milestone payment paid by a Sublicensee to Akouos with respect to a Licensed Product when the amount of any sales milestone payment has previously or concurrently been paid by Akouos to MEE with respect to such Licensed Gene Target pursuant to Section 3.2; provided, however, that in both (i) and (ii) any amount paid to MEE pursuant to Section 3.2 may be deducted from Sublicense Income Payments received from a particular Sublicensee only once.
No Double Payment. The provisions of Sections 2.16, 2.17 and 8.03 shall apply without duplication and no Lender shall be compensated more than once for a single loss, cost or expense of the sort referred to in such Sections.
No Double Payment. Notwithstanding anything to the contrary in Section 3.7, TDTx shall be entitled to (i) deduct from any Sublicense Income Payment due to Licensors the amount of [***], and (ii) deduct from any Sublicense Income Payment due to Licensors the amount of [***]; provided, however, that in both (i) and (ii) any amount paid to Licensors pursuant to Section 3.2 may be deducted from Sublicense Income Payments received from any Sublicensee only once.
No Double Payment. To the extent any Distinct Product for which a given Milestone Payment or Royalties on the Net Sales of such Distinct Product hereunder is owed is both a Licensed Core Product and a Licensed Future Oncology Product and/or Licensed Future Non-Oncology Product, such Milestone Payment shall be owed only once, and a Royalty for any Net Sales of such Distinct Product shall be owed only once for the same Net Sales, provided that such Milestone Payment and such Royalty owed for such Distinct Product is at the highest rate for which such Distinct Product qualifies. For the avoidance of doubt, a separate Milestone Payment and separate Royalties shall be owed for a different Distinct Product even if such Distinct Product and one or more other Distinct Products utilize, or are covered by the same Technology Rights.
No Double Payment. Royalties shall be payable only once on any Sale of Product under this Agreement. The parties acknowledge that Xxxxx and Assignee have as of the Effective Date entered into a Research Agreement which also provides for Net Sales to be paid by Assignee to Xxxxx in the event of Sales of Product (as “Product” is defined in the Research Agreement). The parties further acknowledge that a Product which is Sold by Assignee may be construed to be a “Product” as defined in this Agreement and also a “Product” as defined in the Research Agreement, and hereby agree that Assignee shall be obligated to pay to Xxxxx only one royalty on Net Sales of such Product, which payment shall be made under the this Agreement. Accordingly, the parties hereby agree that in the event of a conflict or overlap between the Net Sales or royalty provisions under this Agreement and under the Research Agreement, the terms of this Agreement shall control, and Assignee shall be obligated to pay royalties on a Product only once under this Agreement and not pursuant to the Research Agreement.
No Double Payment. For the avoidance of doubt, Royalties shall be payable only once in respect of any sum received by RedHill; i.e., either (x) as a Royalty on Net Sales pursuant to Section 6.3.1, if the sum received by RedHill was in payment for a sale of Product by RedHill or its Affiliates; (y) as a Royalty on Sublicense Sales Consideration, pursuant to Section 6.3.2, if the sum received by RedHill was a royalty paid by a Sublicensee to RedHill in respect of a sale of Product made by such Sublicensee; or (z) as a Royalty on Sublicense Milestone Consideration, pursuant to Section 6.3.3, if the sum received by RedHill was a Royalty paid by a Sublicensee to RedHill as an upfront or milestone payment.
No Double Payment. Royalties shall be payable only once on any Sale of Product under this Agreement. The parties acknowledge that Supervisor, Sponsor and individuals by the names of Xxxxx-Xxxxxx Xxxxxxx, Ph.D. and Supundi Subasinghe have as of the Effective Date entered into an Assignment Agreement which also provides for Net Sales to be paid by Sponsor to Supervisor in the event of Sales of Product (as “Product” is defined in the Assignment Agreement). The parties further acknowledge that a Product which is Sold by Sponsor may be construed to be a “Product” as defined in this Agreement and also a “Product” as defined in the Assignment Agreement, and hereby agree that Sponsor shall be obligated to pay to Supervisor only one royalty on Net Sales of such Product, which payment shall be made under the Assignment Agreement. Accordingly, the parties hereby agree that in the event of a conflict or overlap between the Net Sales or royalty provisions under this Agreement and under the Assignment Agreement, the terms of the Assignment Agreement shall control, and Sponsor shall be obligated to pay royalties on a Product only once under the Assignment Agreement and not pursuant to this Agreement.
No Double Payment. Services, staff and any other item or resource for which USPG is compensated under Exhibit 1.03A and/or a Statement of Work related to Exhibit 1.03A shall not also be eligible for compensation under Exhibit 1.03B and/or a Statement of Work related to Exhibit 1.03B.
No Double Payment. OTI shall not be entitled to obtain payment more than once with respect of any set of circumstances which give rise to claims under the Guarantee, the Tax-Guarantee, the indemnification as set out in Section 7 and 9.2 or any other provision of this Agreement.
No Double Payment. Notwithstanding any other provision of this Supplement and Amendment, the Executive shall not be entitled to payment under both this Supplement and Amendment and the Employment Agreement for the same type of benefit or payment, to the extent such payment would reasonably be considered duplicative. Amounts paid hereunder shall be reduced by amounts paid under the Employment Agreement for the same type of benefit or payment, to the extent such payment would reasonably be considered duplicative.
