No Overlapping Royalties. Notwithstanding any other provision of this Agreement, in no event shall any Earned Royalty provided for under any Section of this Agreement be paid with respect to any sale of a specific Product to the extent a payment has been paid pursuant to any other Section Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. of this Agreement with respect to such sale of the same specific Product provided that the higher payment amount is paid.
Appears in 2 contracts
Samples: License Agreement (Depomed Inc), License Agreement (Depomed Inc)
No Overlapping Royalties. Notwithstanding any other provision of this Agreement, in no event shall any Earned Royalty royalty payment provided for under any Section of this Agreement be paid with respect to any sale of a specific Licensed Product to the extent a payment royalty has been paid pursuant to any other Section Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. of this Agreement with respect to such sale of the same specific Product Licensed Product; provided that the higher payment royalty amount is paid, and provided further that the foregoing shall not apply to the payment of sales milestones under Sections 4.7, 7.3 and 11.4.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.), License and Collaboration Agreement (Cubist Pharmaceuticals Inc)
No Overlapping Royalties. Notwithstanding any other ------------------------ provision of this Agreement, in no event shall any Earned Royalty royalty provided for under any Section of this Agreement be paid with respect to any sale of a specific Collaboration Product, Independent Product or Royalty-Bearing Product to the extent a payment royalty has been paid pursuant to any other Section Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. of this Agreement with respect to such sale of the same specific Product provided that the higher payment amount is paidsale.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Cell Therapeutics Inc), Collaboration and License Agreement (Cell Therapeutics Inc)
No Overlapping Royalties. Notwithstanding any other ------------------------ provision of this Agreement, in no event shall any Earned Royalty royalty provided for under any Section of this Agreement be paid with respect to any sale of a specific Collaboration Product, Independent Product or Royalty-Bearing Product to the extent a payment royalty has been paid pursuant to any other Section Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. of this Agreement with respect to such sale of the same specific Product provided that the higher payment amount royalty is paid.. --------
Appears in 1 contract
Samples: Joint Collaboration and License Agreement (Ergo Science Corp)
No Overlapping Royalties. Notwithstanding any other ------------------------ provision of this Agreement, in no event shall any Earned Royalty royalty provided for under any Section of this Agreement be paid with respect to any sale of a specific Royalty Bearing Product or MYRIAD Product to the extent a payment royalty has been paid pursuant to any other Section Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. of this Agreement with respect to such sale of the same specific Product provided that the higher payment amount is paidsale.
Appears in 1 contract
No Overlapping Royalties. Notwithstanding any other provision of this Agreement, in no event shall any Earned Royalty provided for under any Section of this Agreement be paid with respect to any sale of a specific Product to the extent a payment has been paid pursuant to any other Section Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. of this Agreement with respect to such sale of the same specific Product provided that the higher payment amount is paid.
Appears in 1 contract
