Non-Royalty Income. COMPANY shall pay HOSPITAL within thirty (30) days after the end of each REPORTING PERIOD the following percentages of any and all non-royalty SUBLICENSING INCOME attributable to the PRODUCT or PROCESS, that COMPANY receives:
(a) 50% of any SUBLICENSING INCOME received if a sublicense is executed before the earlier of the submission of the first IDE for a PRODUCT or PROCESS or filing for the first FDA marketing approval of a PRODUCT or PROCESS.
(b) 35% of any SUBLICENSING INCOME received if a sublicense is executed after the earlier of the submission of the first IDE for a PRODUCT or PROCESS or filing for the first FDA marketing approval of a PRODUCT or PROCESS, but prior to the receipt of the first FDA marketing approval of a PRODUCT or PROCESS.
(c) 20% of any SUBLICENSING INCOME received if a sublicense is executed after receipt of the first FDA marketing approval of a PRODUCT or PROCESS.
Non-Royalty Income. Subject to the crediting of milestone payments made by Opthotech permitted under clause (a) of Section 4.4.2, in consideration for the rights granted to Ophthotech hereunder, during the Non-Royalty Term, Ophthotech shall pay Archemix an amount equal to [***] percent ([***]%) of all Sublicense Income (“Sublicense Income Payments”); provided, that, on a Licensed Product-by-Licensed Product and country-by-country basis, such obligation shall continue after the end of the applicable Royalty Term unless Ophthotech is able to reasonably demonstrate to Archemix in writing that such Sublicense Income was paid to Ophthotech solely in consideration for sublicenses under Technology and/or Patent Rights other than the Licensed Technology and/or the Licensed Patent Rights.
Non-Royalty Income. Licensee will pay Harvard an amount equal to (a) [***] of all Non-Royalty Income derived under Sublicenses and Strategic Partnerships entered into prior to the submission of the first IND for a Licensed Product, (b) [***] of all Non-Royalty Income derived under Sublicenses and Strategic Partnerships entered into after submission of the first IND for a Licensed Product and before enrollment of the first patient in a Phase 2 Clinical Trial, and (c) [***] of all Non-Royalty Income derived under Sublicenses and Strategic Partnerships entered into after enrollment of the first patient in a Phase 2 Clinical Trial. For clarity, this section and the requirements for the payment of Non-Royalty Income shall not apply to any M&A Transactions.
Non-Royalty Income. Company will deliver reports to DESRES, within [***] days after the end of each Reporting Period, containing information relating to Non-Royalty Income received by or on behalf of Company or any of its Subsidiaries during the immediately preceding Reporting Period, as further described in Section 6.4.
Non-Royalty Income. Coronado will pay Licensor the following percentage of all Non-Royalty Income received by Coronado:
(a) of Non-Royalty Income received prior to commencement of a Phase II Trial for a Licensed Product;
(b) of Non-Royalty Income received after commencement of a Phase II Trial and prior to commencing a Phase 3 Trial for a Licensed Product; Any Non-Royalty Income payments made by Coronado to Licensor under this provision shall be first netted against milestone payments already made to Licensor under Section 5.2 and then fully creditable against any future milestone payments owed by Coronado to Licensor under Section 5.2 when the same may become due.
Non-Royalty Income. 6.5.1. In addition, Licensee shall pay Harvard an amount equal to [****] of all Non-Royalty Sublicense Income.
6.5.2. Notwithstanding Section 6.5.1:
(a) [****].
(b) if a Sublicense includes a grant of rights under patents in-licensed by Licensee from an unaffiliated third party other than [****], at fair market terms after arms’ length negotiations, and such patents- are necessary for the manufacture, sale or use of any licensed Products for which the Sublicense is being granted, Licensee shall be entitled to deduct from the royalties which would otherwise be due to Harvard under Sections 6.5.1 or [****] (as applicable) the amount of royalties which Licensee must pay to such third parties on account of such Sublicense; provided, however, that in no event shall the royalty due to Harvard be reduced !by more than [****] of the amounts set forth in Section 6.5.1 or [****] (as applicable). CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
Non-Royalty Income. Syllable will pay Harvard an amount equal to [***] of all Non-Royalty Income received by Syllable or its Subsidiaries under Sublicenses entered into prior to [***], and [***] of all Non-Royalty Income received by Syllable or its Subsidiaries under Sublicenses entered into on or after [***].
Non-Royalty Income. The Licensee shall pay to UABRF the amounts as laid out in the chart below on any and all Non-Royalty Income received by it during the Term with such payments being made to UABRF on or before the [*****] of receipt by the Licensee. All such payments shall be accompanied by a written notification of the nature and origin of the Non-Royalty Income upon which the payment is based, the identity of the source of such Non-Royalty Income and, if such Non-Royalty Income was received by the Licensee or generated in a foreign currency, the rate of currency conversion and the date such conversion was calculated as described in Section 5.13 of this Agreement. In the event that the Licensee receives Non-Royalty Income that is not cash or a cash equivalent, the percentage of non-cash payments shall be calculated as a percentage of the then current fair market value of such non-cash consideration. For purposes of clarity and by example only, consideration received by the Licensee in a transaction in which [*****] or in which [*****] would not be considered Non-Royalty Income. Further, [*****] shall mean [*****] and Licensee resolves all queries or requests for clarification made by Licensee to sites participating in the trial. The term [*****] as used below shall be as defined in Exhibit C. YEAR PARTICIPATION PCT. IN NON-ROYALTY INCOME [*****] [*****] [*****] [*****] [*****] [*****]
Non-Royalty Income. (a) Subject to the remainder of this Section 5.5, if Company or any of its Subsidiaries enters into a Burdened Transaction in which Non-Royalty Income is received by or on behalf of Company or any of its Subsidiaries in connection with any Category 1 Target, Category 1 Compound or Category 1 Product, Company shall pay to DESRES the following percentage of such Non-Royalty Income as follows:
(i) [***].
(ii) [***].
(iii) [***].
(iv) [***].
(b) In the event that:
(i) Company or any of its Subsidiaries enters into a Burdened Transaction that is not in connection with a given Target that is then, or formerly was, a Category 1 Target, but is in connection with a Category 1 Compound or Category 1 Product, the percentage of Non-Royalty Income payable to DESRES shall be determined based on [***]; or
(ii) Company or any of its Subsidiaries enters into any transaction that relates to both (A) any Target, Compound or product that is, was or becomes a Category 1 Target, Category 1 Compound or Category 1 Product (as applicable) and (B) any Target, Compound or product that is not described in the foregoing clause (A), then any consideration received by or on behalf of Company or any of its Subsidiaries in connection with such Burdened Transaction will be reasonably allocated across all applicable Targets, Compounds or products and payments will be made at the applicable percentage levels specified above for each Category 1 Target, Category 1 Compound or Category 1 Product, as applicable. Company will provide DESRES with documentation to substantiate the basis for such allocation.
(c) For the avoidance of doubt, in the event a given Burdened Transaction takes the form of an option (by way of example, and without limitation, an option to license rights with respect to a Category 1 Product), the payments to DESRES with respect to such Burdened Transaction will be computed by [***] (i) [***], by (ii) [***].
(d) With respect to any milestone payment received by or on behalf of Company or any of its Subsidiaries pursuant to a Burdened Transaction that is for a milestone event for which Company is required to make a milestone payment to DESRES pursuant to Section 5.3 or Section 5.4, DESRES will receive the greater of (i) [***], or (ii) [***].
(e) Company will, within [***] days after entering into a Burdened Transaction agreement with respect to which any portion of Non-Royalty Income is or may be payable to DESRES, provide DESRES with a copy of such agreement (which copy may b...
Non-Royalty Income. COMPANY shall pay HOSPITAL within thirty (30) days of receipt thereof a percentage of any and all non-royalty income attributable to the PRODUCT or PROCESS, including without limitation any payment due to COMPANY or an AFFILIATE in consideration for the sublicensing of any license granted hereunder or distribution of any PRODUCT or PROCESS, including but not limited to up-front license fees, license issue fees, maintenance fees, payments pertaining to distribution rights, milestone payments or the fair market value of any non-cash consideration but excluding any amount included in NET SALES. Non-royalty income payments shall be made according to the following:
