Past Use. Except as set forth in subsections (a)-(c) of this Section 4.4, the provisions of Section 4 (Royalty Payments, Invoicing and Reporting) shall apply to Previously-Shipped Products.
Past Use. Except as set forth in subsections (a)-(b) of this Section 5.3, the provisions of Section 5 (Royalties, Reports and Payments) shall apply to Licensed Products Shipped by Licensee or Licensee Affiliates prior to the Effective Date (hereafter, "Previously- Shipped Products") to the same extent such provisions apply to Licensed Product.
Past Use. Except as set forth in subsections (a)-(b) of this Section 5.3, the provisions of Section 5 (Royalties, Reports and Payments) shall apply to each copy of Licensed Product that was provided directly or indirectly by Licensee or its Affiliate(s) and that (a) has been Sold by Licensee or its Affiliate prior to the Effective Date or (b) Licensee or its Affiliate is aware prior to the Effective Date of being Sold by an Authorized Recipient, a Retailer or any other third party has Sold (regardless of whether or not Authorized Recipient has actually reported the data from its own sales and the sales of its Retailer to Licensee or its Affiliate), (hereafter, "Previously-Sold Products") to the same extent such provisions apply to Licensed Product.
Past Use. Registrant confirms that it has submitted to Philips a Royalty Reporting Form, certified by a corporate officer of Registrant, setting forth the information specified in Clause 2.04 in respect of those Scope Products made, Sold, used, or intended for use in a Patent Country during the Past Use Period, and specifying the royalties due (“Past Use Amount”) for the Past Use Period. Registrant shall pay to Philips the Past Use Amount as reported in a Royalty Reporting Form as set forth in Annex E. The Royalty Reporting Form in respect of the Past Use Period shall be subject to Philips’ right of audit set out in Clause 2.10.
Past Use. It is confirmed that Licensee has submitted to Philips a Royalty Reporting Form certified by a corporate officer of Licensee and setting forth the number of Licensed Products Sold by Licensee and its Affiliates prior to the Effective Date (“Past Use”) and a specification of the corresponding royalties due (“Past Use Amount”), based on the Compliance Rate. The Royalty Reporting Form in respect of Past Use is attached hereto as Annex A. Licensee represents that said Royalty Reporting Form in respect of Past Use represents a true, accurate and complete report of the Licensed Products Sold by it and its Affiliates prior to the Effective Date. The past use Royalty Reporting Form shall be subject to Philips’ right of audit set out in Clause 3.6. Licensee shall pay the Past Use Amount to Philips by way of a non‐recoupable and non‐ refundable payment, within 30 days from the Effective Date in accordance with Clause 3.4.
Past Use. It is confirmed that Licensee has submitted to Philips a Royalty Reporting Form certified by a corporate officer of Licensee and setting forth the number of Licensed Products that use any of the claims of any of the Philips TV/STB Patents Sold by Licensee and its Affiliates prior to the Effective Date in the Territory ("Past Use") and a specification of the corresponding royalties due (“Past Use Amount”), based on a royalty specified in Annex C per Licensed Product. The Royalty Reporting Form in respect of Past Use is attached hereto as Annex E. Licensee represents that said Royalty Reporting Form in respect of Past Use represents a true, ac curate and complete report of the Licensed Products Sold by it and its Affiliates prior to the Effective Date. The past use Royalty Reporting Form shall be subject to Philips’ right of audit set out in Clause 3.6. Licensee shall pay the Past Use Amount to Philips by way of a non‐recoupable and non‐ refundable payment, within 14 days after the Effective Date in accordance with Clause 3.4.
Past Use. 33.1 The purchaser acknowledges that the property was previously used as a landfill site and further acknowledges that:
33.1.1 the vendor makes no warranty as to the suitability of the property for any use intended by the purchaser;
33.1.2 the vendor will not be liable (and the purchaser indemnifies the vendor) in respect of any liability, requirement to remediate, monitor or do any other works on or in relation to the property to the extent that such requirement arises only as a result of:
(a) the purchaser's intended use of the land other than the uses identified in the Landscaping Plan exhibited with the voluntary planning agreement entered into between the Minister for Planning, the vendor, the purchaser, SITA Australia Pty Limited and SembSita Australia Pty Limited and dated [ ] (VPA); and
(b) the purchaser conducting any works on the property which have the effect of bringing to the surface, activating or otherwise disturbing substances which, at their depth at the date of completion, present no significant risk of human harm.
33.2 The purchaser acknowledges that the vendor has continuing monitoring and remediation obligations under the development consent issued by the Minister for Planning and Environment, dated [] to development application number [] and under the VPA. For the purpose of carrying out those obligations the purchaser grants to the vendor, on and from completion, a licence to:
(a) come onto the property and, to the extent necessary, any other land owned by the purchaser in the vicinity of the property to:
(i) test and monitor substances in or under the property;
(ii) repair, maintain and replace existing equipment located on the property which is used by the vendor in complying with its monitoring and remediation obligations referred to in this clause 33.2;
(iii) to remain and have the vendor's equipment remain on the property, provided that in exercising its rights under this clause 33.2 the vendor must use reasonable endeavours to minimise interference with the purchaser and anyone lawfully using the property.
33.3 The purchaser grants to the vendors and its employees and contractors a licence on and from completion to enter and remain on the property for the purposes and on the terms set out in clause 9.4 of the deed of agreement between the parties dated 5 September 2000, as amended from time to time and Schedule 1E of the VPA.
Past Use. Buyer understands and acknowledges that the land of the Subdivision, including the Lot, may have been used previously for agricultural and farming operations and, in connection therewith, fertilizer and pesticides, among other things, may have been applied and used on the land of the Subdivision, including the Lot, or adjacent lands.
Past Use. It is confirmed that Licensee has submitted to Philips a Royalty Reporting Form for past use, as attached in Annex E, setting forth the information required by Clause 3.2 in respect of Licensed Products for which royalties are due on Sales prior to the Effective Date (“Past Use”), including a calculation of the corresponding royalties due (“Past Use Amount”), based on the Past Use Rate per Product Type specified in Annex C. Royalties are due on any Licensed Product manufactured (including on a have made basis) and/or Sold in/into any country of the Territory with at least one Philips TV Patent prior to the Effective Date by Licensee and its Affiliates, including directly or indirectly through distributors, retailers or other third parties. Licensee represents that said Royalty Reporting Form in respect of Past Use represents a true, ac curate and complete report of the Licensed Products Sold by it and its Affiliates prior to the Effective Date. The Royalty Reporting Form in respect of the Past Use shall be subject to Philips’ right of audit set out in Clause 3.6. Licensee shall pay the Past Use Amount of EUR [xxxxx] to Philips by way of a non-recoupable and non-refundable payment, within 14 days after the Effective Date in accordance with Clause 3.4.
Past Use. It is confirmed that Licensee has submitted to Philips a Royalty Reporting Form for past use, as attached in Annex E, setting forth the information required by Clause 3.3 in respect of HDCP 2 Products for which royalties are due on Sales prior to the Effective Date (“Past Use”), including a calculation of the corresponding royalties due (“Past Use Amount”), based on the Past Use Rate per Product Type specified in Annex C. Royalties are due on any HDCP 2 Product manufactured (including on a have made basis) and/or Sold in/into any Patent Country prior to the Effective Date by Licensee and its Affiliates, including directly or indirectly through distributors, retailers or other third parties . For the avoidance of doubt, royalties are due on all HDCP 2 Products manufactured in a Patent Country, even when Sold in/into a country that is not a Patent Country. Licensee represents that said Royalty Reporting Form in respect of Past Use represents a true, accurate and complete report of the HDCP 2 Products Sold by it and its Affiliates prior to the Effective Date. The Royalty Reporting Form in respect of the Past Use shall be subject to Philips’ right of audit set out in Clause 3.7. Licensee shall pay the Past Use Amount of EUR [xxxxx] ( xx thousand euro) to Philips by way of a non-recoupable and non-refundable payment, within 14 days after the Effective Date in accordance with Clause 3.5.
