Only One Royalty. Only one royalty shall be due with respect to the sale of the same unit of Licensed Product. Only one royalty shall be due hereunder on the sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one claim of the Bayer Patent Rights.
Only One Royalty. Company will not be required to pay royalties on Net Sales of any Licensed Product under this Agreement if Company is required to pay royalties on such Net Sales under the Other License Agreement. By way of example, and without limitation, if Net Sales include sales of a product that includes a product that is subject to the Other License Agreement and a Licensed Product that is subject to this Agreement, then the royalty rate with respect to such combination product will be [***], subject to any modifications for Third Party royalties as set forth in Sections A3.2.1 (of this Agreement and the Other License Agreement).
Only One Royalty. In the event Section 8.4.2 applies, only one royalty will be due thereunder with respect to the sale of the same unit of Licensed Product. Only one royalty will be due under Section 8.4.2 on the sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one claim of the Royalty Patents.
Only One Royalty. Only one royalty will be due with respect to the sale of the same unit of Product. Only one royalty will be due hereunder on the sale of a Product even if the manufacture, use, sale, offer for sale, importation or exportation of such Product infringes more than one Valid Claim of a Fulcrum Patent Right.
Only One Royalty. The obligation to pay royalties pursuant to Section 9.4.1 is imposed only once with respect to the same unit of a Product, regardless of how many ImmuNext Patents or Jointly Owned Patents may cover or claim the Product.
Only One Royalty. Only one royalty will be due with respect to the sale of the same unit of Collaboration Product. Only one royalty will be due hereunder on the sale of a Collaboration Product even if the manufacture, use, sale, offer for sale, or importation of such Collaboration Product infringes more than one claim of the Royalty Patents.
Only One Royalty. University and Company acknowledge that the Parties have entered into the License and Exclusive Option Agreement (University reference number [***]), such agreement effective as of July 2, 2020, as amended (as the same may be amended from time to time, the “SARS- CoV-2 License”), the Non-Exclusive License Agreement (University reference number [***]), such agreement effective as of September 16, 2021 (as the same may be amended from time to time, the “Flu Non-Exclusive License”) and the Exclusive License Agreement (University reference number [***]), such agreement effective as of December 14, 2022 (as the same may be amended from time to time, the “Flu NA License,” and together with the SARS-CoV-2 License and the Flu Non-Exclusive License, the “Other License Agreements”), pursuant to which University granted to Company licenses under certain licensed know-how and certain licensed patents in certain fields of use, such that, among other things, Company may potentially develop, manufacture, use and commercialize combinatorial Licensed Products comprising two or more antigens pursuant to this Agreement and also pursuant to either of the Other License Agreements. Such combinatorial Licensed Products will bear only one royalty, reportable and payable under this Agreement. For clarity, if Company is required to pay royalties on Net Sales of any Licensed Product under this Agreement, Company will not be required to pay duplicate royalties under any of the Other License Agreements with respect to such Licensed Product. By way of example, and without limitation, if Net Sales include sales of a product that includes a product that is subject to any of the Other License Agreements and a Licensed Product that is subject to this Agreement, then the royalty rate with respect to such combination product will be [***] of Net Sales, subject to any modifications for Third-Party royalties as set forth in Section A3.2.1 of this Agreement, Section A3.1.1 of the SARS-CoV-2 License, Section A3.3.1 of the Flu NA License and Section A3.3.1 of the Flu Non-Exclusive License.
Only One Royalty. Company will not be required to pay duplicate royalties on Net Sales of any Licensed Product under this Agreement if Company is required to pay royalties on such Net Sales under the Other License Agreements, but shall still report and account for Net Sales of Licensed Product under this Agreement in a Sales Report as stipulated in section 6.4. By way of example, and without limitation, if Net Sales include sales of a product that includes a product that is subject to the Other License Agreements and a Licensed Product that is subject to this Agreement, then the royalty rate with respect to such combination product will be [***] of Net Sales, subject to any modifications for Third Party royalties as set forth in Sections A3.2.1 (of this Agreement and the Other License Agreements).
Only One Royalty. Only one royalty will be due hereunder by Illumina with respect to (a) the Sale of the same unit of any Licensed Product or (b) the Sale of any Licensed Product even if the development, manufacture or Commercialization of such Licensed Product is Covered by more than one claim of the Licensed Patents or Joint Patents.
Only One Royalty. Only one royalty will be due hereunder by Shionogi on the Sale of a Licensed Product even if the manufacture, use, Sale, offer for Sale or importation of such Licensed Product is Covered by more than one claim of the Xxxxx Licensed Patents or the Joint Program Patents.
