PAYMENTS AND ROYALTY Sample Clauses

PAYMENTS AND ROYALTY. In consideration for CSM's grant above and in consideration of the other terms and conditions of this Agreement, Atlas agrees to make the payment and to pay the following consideration: 3.1 At the execution of this Agreement Atlas will issue 400,000 shares of Atlas Mining Company common stock in favor of CSM. Said stock will be restricted in nature, and subject to the rules of section 144 of the Securities Exchange Commission. 3.2 If the Agreement remains in effect, on or before the yearly anniversary of the date herein, and on every anniversary thereafter, Atlas will issue 100,000 shares of Atlas Mining Company common stock to the favor of CSM for a one year extension of the Agreement. 3.3 If Atlas sells any product from the Dragon Mine during the period of the Agreement, then Atlas will pay to CSM a 3% royalty of the gross sales. All sales royalties are payable in cash and will be paid within thirty (30) days after receipt of payment to Atlas. Any royalties not timely paid, shall bear interest at the Bank of America prime rate then in effect plus 2%. 3.4 If Atlas sales of any product from the Dragon Mine should reach One Million Dollars ($1,000,000.00) during any one year period of this Agreement, then Atlas may purchase the Dragon Mine from CSM for Five hundred Thousand Dollars ($500,000.00).
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PAYMENTS AND ROYALTY. 3.1 Operator shall pay AIG the sum of $_____* simultaneously with the equivalent payments to the Hortenstine Group and the SL Group pursuant to the Mineral Leases 120 days following completion by Operator of the NI 43-101 Report and Operator’s decision to proceed with a bankable feasibility study and related development of a mine plan which payment shall occur no later than 12 months from the Effective Date. 3.2 Operator shall pay AIG the sum of $_____* simultaneously with the equivalent payments to the Hortenstine Group and the SL Group pursuant to the Mineral Leases 120 days following application for any mining permit on private, state or federal land in either Navajo or Apache County, Arizona, that includes plans to utilize any portion of the Royalty Pool Area which payment shall occur no later than 36 months from the Effective Date. 3.3 Royalties on Authorized Minerals extracted from the Royalty Pool Area shall begin to accrue on the first date of production from the Royalty Pool Area. Royalties shall be paid on “Gross Sales,” which will be defined as a sum calculated based on tons actually sold and shipped during a calendar quarter at the actual average quarterly sales price received by Operator during such calendar quarter on a weighted basis according to production (“Average Quarterly Price”). 3.4 Royalties on Gross Sales shall be as follows: Average Quarterly Price Sales on Authorized Minerals Up to $300 ___ %* Greater than $300 up to $350 ___ %* Greater than $350 up to $400 ___ %* Greater than $400 up to $450 ___ %* Greater than $450 up to $500 ___ %* Greater than $500 up to $550 ___ %* Greater than $550 up to $600 ___ %* Greater than $600 up to $650 ___ %* Greater than $650 up to $700 ___ %* Greater than $700 ___ %* Notwithstanding the foregoing, in no event shall the Royalties as a Percentage of Gross Sales be less than the rates paid by Operator to the Arizona State Lands Department where the average quarterly price is greater than $_____* (the “State Rates”). 3.5 Royalties shall be calculated quarterly as of the last day of March, June, September and December. Within 45 days of the end of each March, June, and September and within 90 days of the end of each December, Operator shall pay to each Party its Royalty Percentage earned for the preceding quarter. 3.6 All payments will be in U.S. dollars to the Other Parties without demand, notice, set-off, or reduction, by wire transfer in good, immediately available funds, to such account or accounts...
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PAYMENTS AND ROYALTY. 4.1 CCT will reimburse JHU for the reasonable costs of preparing, filing, maintaining and prosecuting PATENT RIGHTS in the United States, Canada, Japan, Australia, New Zealand, South Korea and the countries of the European Union. CCT shall reimburse JHU within thirty (30) days of receipt of invoice from JHU. CCT will be notified, in advance, of the filing and prosecution of all patents and patent applications. Upon JHU licensing to one or more third parties for other fields of use in any of the aforementioned countries, CCT will receive a prorated reimbursement of patent expenses for such countries pertaining to PATENT RIGHTS that have been incurred up to said time, and from that time forward future patent costs will be prorated. (a) CCT shall pay to JHU within thirty (30) days of the EFFECTIVE DATE of this Agreement a nonrefundable processing fee of ** Dollars ($**) and (b) Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions. on the ninetieth day after the EFFECTIVE DATE, unless CCT has terminated this Agreement pursuant to Section 6.6(b), CCT shall pay a nonrefundable initial licensing fee of ** Dollars ($**). These payments are nonrefundable and shall not be credited against royalties or other fees. 4.3 CCT shall pay to JHU a Five Thousand dollar ($5,000) annual maintenance fee due within thirty (30) days of each anniversary of the EFFECTIVE DATE of this Agreement. Such fees are nonrefundable and shall not be credited against royalties or other fees. 4.4 CCT shall pay to JHU, as a running royalty, for each LICENSED PRODUCT sold, and for each LICENSED SERVICE provided, by CCT, AFFILIATED COMPANIES and Sublicensees, ** percent (**%) of NET SALES of IN VIVO THERAPEUTIC(S) and IN VITRO THERAPEUTIC PREDICTIVE ASSAYS covered by a VALID CLAIM of PATENT RIGHTS and ** percent (**%) of NET SALES on EX VIVO THERAPEUTIC(S) covered by a VALID CLAIM of PATENT RIGHTS and ** percent (**%) of NET SERVICE REVENUES for THERAPEUTIC CELL PRODUCT SERVICE(S) covered by a VALID CLAIM of PATENT RIGHTS for the term of this Agreement. Any LICENSED PRODUCT or LICENSED SERVICE that is not an EX VIVO THERAPEUTIC or THERAPEUTIC CELL PRODUCT SERVICE and is covered by a VALID CLAIM of PATENT RIGHTS shall be subject to the **% royalty payment. As used above NET SALES for an EX VIVO THERAPEUTIC shall mean an entire kit or system including components for extracting, growing and harvesting cells requiring use of o...
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PAYMENTS AND ROYALTY 
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Related to PAYMENTS AND ROYALTY

  • Payments and Royalties 3.1 As an initial non-refundable payment for the licenses and rights herein granted to SHENZHEN HIGH POWER under this Agreement, SHENZHEN HIGH POWER shall pay to OBC the up-front fees, without subtraction or deduction of Chinese withholding taxes, if any, pursuant to the schedule set forth in Appendix II attached hereto. 3.2 In addition to the lump sum payment under Article 3.1 above, SHENZHEN HIGH POWER shall pay to OBC non-refundable running royalties, also pursuant to the schedule set forth in Appendix II hereto, of the Net Selling Price of the Licensed Consumer Hydride Batteries sold or Otherwise Disposed Of by SHENZHEN HIGH POWER and its Affiliates (either directly or through sales representatives or agents) in any country of the world during the period commencing on the Effective Date of this Agreement and ending upon the expiration of the last to expire of the Licensed Patents. 3.3 Notwithstanding that a Licensed Consumer Hydride Battery may be covered by (i) the claims of one or more of the Licensed Patents or (ii) the claims of one or more of the Licensed Patents in one or more countries throughout the world, SHENZHEN HIGH POWER, in connection with the manufacture or sale of the Licensed Consumer Hydride Batteries by SHENZHEN HIGH POWER, its successors or assigns shall be obliged to pay a single royalty hereunder and only on the first sale of such Licensed Consumer Hydride Batteries and not on any subsequent sale or resale thereof and all end-users, distributors, customers, dealers, or suppliers of SHENZHEN HIGH POWER, its successors or assigns of such Licensed Consumer Hydride Batteries shall be licensed to use and/or sell the same. 3.4 All statements submitted and all payments made pursuant to Article 3.1 and Article 3.2 herein shall be stated and made in U.S. legal tender at the selling rate of authorized foreign exchange bankers in various individual countries under the license for transfers to New York in U.S. dollars on the date on which payments are made as required hereunder.

  • License Fees and Royalties Consistent with the applicable U.S. DOT Common Rules, the Recipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Underlying Agreement are program income, and must be used in compliance with federal applicable requirements.

  • Fees and Royalties In consideration for the license granted herein to LICENSEE under Patent Rights LICENSEE agrees to pay to UNIVERSITY: (a) license maintenance fees of i) [***] on the [***] anniversary of the Effective Date, and ii) [***] on the [***] anniversary of the Effective Date, and iii) [***] on the [***] and annually thereafter on each anniversary of the Effective date; (b) an earned royalty of [***] on Net Sales; [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (c) [***] of all sublicense fees received by LICENSEE from its Sublicensees that are not earned royalties. All fees and royalty payments specified in this Paragraph 3.1 shall be paid by LICENSEE in accordance with the provisions of Paragraph 4.3. If there are multiple, stacking royalties required to be paid by LICENSEE to any third party in order to exercise its rights hereunder to make, have made, use or sell the Licensed Products and the resulting aggregate royalty rate is [***], then the royalty rate under Section 3.1.(b) will be adjusted so that the combined royalty payments from LICENSEE to all of its licensors, including UNIVERSITY, does not exceed [***]. The royalty rate payable to UNIVERSITY will be reduced [***] to a rate determined by [***], provided, however, that in no event shall the royalty rate payable to LICENSEE be less than [***]. Notwithstanding the foregoing, if LICENSEE’s agreement with any of such other licensors provides for a royalty proration formula based on an aggregate royalty rate [***], LICENSEE and UNIVERSITY will replace the aggregate royalty rate set forth in this Section with [***].

  • Royalty Payments (1) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate. (2) LICENSEE shall pay earned royalties quarterly on or before February 28, May 31, August 31 and November 30 of each calendar year. Each such payment shall be for earned royalties accrued within LICENSEE’s most recently completed calendar quarter. (3) Royalties earned on sales occurring or under sublicense granted pursuant to this Agreement in any country outside the United States shall not be reduced by LICENSEE for any taxes, fees, or other charges imposed by the government of such country on the payment of royalty income, except that all payments made by LICENSEE in fulfillment of UNIVERSITY’s tax liability in any particular country may be credited against earned royalties or fees due UNIVERSITY for that country. LICENSEE shall pay all bank charges resulting from the transfer of such royalty payments. (4) If at any time legal restrictions prevent the prompt remittance of part or all royalties by LICENSEE with respect to any country where a Licensed Product is sold or a sublicense is granted pursuant to this Agreement, LICENSEE shall convert the amount owed to UNIVERSITY into US currency and shall pay UNIVERSITY directly from its US sources of fund for as long as the legal restrictions apply. (5) LICENSEE shall not collect royalties from, or cause to be paid on Licensed Products sold to the account of the US Government or any agency thereof as provided for in the license to the US Government. (6) In the event that any patent or patent claim within Patent Rights is held invalid in a final decision by a patent office from which no appeal or additional patent prosecution has been or can be taken, or by a court of competent jurisdiction and last resort and from which no appeal has or can be taken, all obligation to pay royalties based solely on that patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such final decision. LICENSEE shall not, however, be relieved from paying any royalties that accrued before the date of such final decision, that are based on another patent or claim not involved in such final decision, or that are based on the use of Technology.

  • PATENTS AND ROYALTIES Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this Invitation for Bids. The Contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Contractor. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Contractor. If such a claim is made, the Contractor shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

  • Royalty Payments and Reports Payments for Coal mined and sold hereunder shall be made on a timely basis, when due and without demand by COLT, on or before the twentieth (20th) day of each month (“Payment Deadline”) for all Coal mined or produced from the Premises, shipped and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckley, WV 25801 If by wire transfer, payment shall be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended from time to time by COLT upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT from which such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all of the aforementioned items shall be made available to COLT by Lessee, at all times upon COLT’s request, for any month during the term of this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLT.

  • Earned Royalties In partial consideration of the License and subject to Sections 3.7 and 3.8, Company will pay to Penn: (i) a graduated royalty as set forth in the table below based upon worldwide annual Net Sales made by Company and its Affiliates (but not sublicensees) of any Designated Compound Sold for use in the Field of Use while covered in the country of Sale of expected use by a Valid Claim of the Assigned BMS Patents that is licensed to Company under the License (but no other Licensed Product): <$500 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$500 million but <$750 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$750 million but <$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% [CONFIDENTIAL TREATMENT REQUESTED] /*/ PATENT LICENSE AGREEMENT (ii) a royalty of [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%) of Net Sales made by Company and its Affiliates (but not sublicensees) for all Licensed Products that qualify as “Licensed Products” hereunder based on clause (b) of that definition and Sold while covered in the country of Sale of expected use by a Valid Claim of the Penn Existing Patents or Penn New Patents; provided that, notwithstanding any credits provided for in Section 3.7 but subject in all events to Section 3.8, royalties payable by Company for such Net Sales for such Licensed Products shall not be less than [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%). Only one royalty shall be due hereunder on the Sale of the same unit of Licensed Product. If a royalty accrues to a Sale of a Licensed Product under both clause (i) and (ii) above, then the higher rate of clause (i) shall apply. 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 Valid Claim of the Penn Patent Rights.

  • Minimum Royalties If royalties paid to Licensor do not reach the minimum royalty amounts stated in Section 3.3 of the Patent & Technology License Agreement for the specified periods, Licensee will pay Licensor on or before the Quarterly Payment Deadline for the last Contract Quarter in the stated period an additional amount equal to the difference between the stated minimum royalty amount and the actual royalties paid to Licensor.

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • Royalties This agreement entitles the author to no royalties or other fees. To such extent as legally permissible, the author waives his or her right to collect royalties relative to the article in respect of any use of the article by the Journal Owner or its sublicensee.

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