PAYMENTS BASED ON SALES OF DEVELOPED TECHNOLOGY PRODUCTS AND PRE-SELECTION PRODUCTS Sample Clauses

PAYMENTS BASED ON SALES OF DEVELOPED TECHNOLOGY PRODUCTS AND PRE-SELECTION PRODUCTS. (a) Allergan shall pay Developed Technology Royalties to ASTI, on a country-by-country basis, equal to the sum of (i) 1% of Allergan's Net Sales in the relevant country of each Developed Technology Product plus (ii) 10% of any Sublicensing Revenues with respect to such Developed Technology Product. Only one payment under this Section 7.4 shall be payable by Allergan to ASTI with respect to Net Sales of each Developed Technology Product in any country, regardless of the number of patents covering such Developed Technology Product in such country. Subject to Section 7.5, payments with respect to sales of a Developed Technology Product in any country shall be made by Allergan until the expiration of the last to expire of the patent or patents covering such Developed Technology Product in any country. (b) Allergan shall make Pre-Selection Product Payments to ASTI equal to the sum of (i) 1% of Allergan's Net Sales of each Pre-Selection Product plus (ii) 10% of any Sublicensing Revenues with respect to such Pre-Selection Product. Subject to
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PAYMENTS BASED ON SALES OF DEVELOPED TECHNOLOGY PRODUCTS AND PRE-SELECTION PRODUCTS. (a) Allergan shall pay Developed Technology Royalties to ASTI, on a country-by-country basis, equal to the sum of (i) 1% of Allergan's Net Sales in the relevant country of each Developed Technology Product plus (ii) 10% of any Sublicensing Revenues with respect to such Developed Technology Product. Only one payment under this Section 7.4 shall be payable by Allergan to ASTI with respect to Net Sales of each Developed Technology Product in any country, regardless of the number of patents covering such Developed Technology Product in such country. Subject to Section 7.5, payments with respect to sales of a Developed Technology Product in any country shall be made by Allergan until the expiration of the last to expire of the patent or patents covering such Developed Technology Product in any country. (b) Allergan shall make Pre-Selection Product Payments to ASTI equal to the sum of (i) 1% of Allergan's Net Sales of each Pre-Selection Product plus (ii) 10% of any Sublicensing Revenues with respect to such Pre-Selection Product. Subject to Section 7.5, payments with respect to sales of a Pre-Selection Product shall be made by Allergan until seven years after the first commercial sale of such Pre-Selection Product in the first Major Market Country in which such product is commercially sold. (c) In determining payments due under this Section 7.4, Net Sales by Allergan shall be reduced by the dollar amount of any license or similar payments made by or due from Allergan or its Affiliates to third parties with respect to any such sales of such Developed Technology Product or Pre-Selection Product. If license or similar payments are made to third parties with respect to sales of such products and to sales of other products, Allergan shall allocate such payments, if necessary, in a commercially reasonable manner. (d) Notwithstanding the foregoing, if a product is both a Developed Technology Product and a Pre-Selection Product, amounts payable under this Section 7.4 with respect to such product for any period of time shall be limited to the sum of (i) 1% of Allergan's Net Sales plus (ii) 10% of any Sublicensing Revenues.
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Related to PAYMENTS BASED ON SALES OF DEVELOPED TECHNOLOGY PRODUCTS AND PRE-SELECTION PRODUCTS

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Combination Product The term “

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Particular Methods of Procurement of Goods and Works International Competitive Bidding. Goods and works shall be procured under contracts awarded on the basis of International Competitive Bidding.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

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