Common use of Payments in Lieu of Royalties Clause in Contracts

Payments in Lieu of Royalties. Royalties due on Net Sales of Products or classes of Products may be burdensome to calculate and report. TDCC and Symyx in such cases will seek to negotiate an alternative basis for calculation of consideration payable in lieu of running royalties on such classes of Products, which both parties deem will result in a payment to Symyx of an amount commensurate with the royalties otherwise payable under Section 5.2.

Payments in Lieu of Royalties. Royalties due on Net Sales of Products or classes of Products may be burdensome to calculate and report. TDCC and Symyx Tech in such cases will seek to negotiate an alternative basis for calculation of consideration payable in lieu of running royalties on such classes of Products, which both parties deem will result in a payment to Symyx Tech of an amount commensurate with the royalties otherwise payable under Section 5.28.10.