Payable by MetaMorphix Clause Samples

Payable by MetaMorphix. MetaMorphix shall pay to GI, on a country by country basis, a royalty in the amount of two percent (2%) of the Net Sales of each GDF-8 Licensed Product sold in such country by or on behalf of MetaMorphix, its Affiliates or sublicensees (other than GI) pursuant to the licenses granted by GI to MetaMorphix hereunder. Such royalties shall be payable, on a country by country basis, for so long as the manufacture, use or sale of such GDF-8 Licensed Product in such country would, but for the licenses granted by GI to MetaMorphix hereunder, infringe a Valid Claim of a patent included within the GI GDF-8 Patent Rights or the Joint GDF-8 Patent Rights licensed by GI to MetaMorphix hereunder and shall be incremental to any royalty payable under the 1999 Agreement, PROVIDED, HOWEVER, that the grant of rights under this Agreement shall not serve to extend the period of time during which royalties are payable under the 1999 Agreement.