Payments: Deduction of Taxes. After the date of Commercial Introduction of the first Licensed Product, royalties under this Agreement on Net Sales of any Licensed Product for a given calendar quarter will be due and payable from Progenies to CBC within thirty (30) days after the end of such calendar quarter. Royalties due under Section 3.3(b) attributable to sublicense fees shall be payable at the end of the quarter when such license fees are payable. Progenies will remit any such royalty payment due to CBC under this Agreement by check payable to CBC. Any tax paid or required to be withheld by Progenies on account of royalties payable to CBC under this Agreement shall be deducted from the amount of royalties otherwise due. Progenies shall make any applicable withholding payments due on behalf of CBC and shall promptly provide CBC with written documentation of any such taxes withheld and paid by Progenies or its sublicensees for the benefit of CBC.
Payments: Deduction of Taxes. After the date of Commercial Introduction of the first Licensed Product, a royalty report and payment under this Agreement on Net Sales will be due and payable from Neuralab to Aquila within [**] after [**], [**] and [**] of each calendar year. Payments due under Section 3.3(b) attributable to Sublicense fees shall be made at the end of the quarter when such license fees are payable. Neuralab will remit any such payment due to Aquila under this Agreement by check payable to Aquila. Any tax paid or required to be withheld by Neuralab on account of royalties payable to Aquila under this Agreement shall be deducted from the amount of royalties otherwise due. Neuralab shall make applicable withholding payments due on behalf of Aquila and shall promptly provide Aquila with written documentation of any such taxes withheld and paid by Neuralab or its Sublicensees for the benefit of Aquila.
Payments: Deduction of Taxes. After the date of the Commercial Introduction of the first Licensed Product, a royalty report and payment under this Agreement on Net Sales will be due and payable from Elan to Antigenics within [**] after [**] of each calendar year. Payments due under Section 3.3 (b) attributable to Sublicense fees shall be made at the end of the quarter when such license fees are payable. Elan will remit any such payment due to Antigenics under this Agreement by check payable to Antigenics. Any tax paid or required to be withheld by Elan on account of royalties payable to Antigenics under this Agreement shall be deducted from the amount of royalties otherwise due. Elan shall make applicable withholding payments due on behalf of Antigenics and shall promptly provide Antigenics with written documentation of any such taxes withheld and paid by Elan or its Sublicensees for the benefit of Antigenics. Notwithstanding the foregoing, the Parties acknowledge and agree that royalties owing to Antigenics under this Agreement may be paid without deduction for taxes once the appropriate withholding tax clearance is received from the relevant Irish tax authorities. Elan shall reasonably cooperate with Antigenics in seeking this clearance.
Payments: Deduction of Taxes. A royalty report and payment under this Agreement on Net Sales of the Agenus Product will be due and payable from Licensee to Agenus within forty-five (45) days of the last calendar day of each month. Licensee will remit any such payment due to Agenus under this Agreement by wire or check payable to Agenus. Licensee shall make applicable withholding payments due on behalf of Agenus and shall promptly provide Agenus with written documentation of any such taxes withheld and paid by Licensee or its Sublicensees for the benefit of Agenus. Notwithstanding the foregoing, if Agenus is entitled under any applicable tax treaty to a reduction of the rate of, or the elimination of, applicable withholding tax, it may deliver to Licensee or the appropriate governmental authority (with the assistance of Licensee to the extent that this is reasonably required and is expressly requested in writing) the prescribed forms necessary to reduce the applicable rate of withholding tax or to relieve Licensee of its obligation to withhold tax, and Licensee shall apply the reduced rate of withholding tax, or dispense with withholding tax, as the case may be. If, in accordance with the foregoing, Licensee withholds any amount, it shall pay to Agenus the balance when due, make timely payment to the proper taxing authority of the withheld amount, and send to Agenus proof of such payment within thirty (30) days following that payment. In addition to, and notwithstanding any other provision of this Agreement, in the event that Licensee grants a sublicense or assigns its rights and obligations hereunder, and as a result of such sublicense or assignment, a deduction or withholding on any payment to Agenus under this Agreement is required by any applicable [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unpredicted version of this exhibit has been filed separately with the Commission. law that would not have been required absent such sublicense or assignment, then Licensee (including its successors, transferees, and assigns) will pay (or authorize payment) to Agenus such additional amount as is necessary to ensure that the net amount actually received by Agenus (free and clear of any tax/withholding, including any tax/withholding imposed on or with respect to the additional amount, whether assessed against Licensee or Agenus) will equal the full amount Agenus would have received had no such deduction or withholding been required.
