Common use of Payments Related to Sublicense Income Clause in Contracts

Payments Related to Sublicense Income. Within thirty (30) Business Days of receiving Sublicense Income, Auxilium shall make a payment to BTC in the following amount and shall provide to BTC a report showing the basis for the calculation of such amount: (a) If Auxilium has not conducted a Clinical Trial for Product in the relevant Indication prior to the effective date of the relevant sublicense, then Auxilium will remit [**] percent ([**]%) of the Sublicense Income actually received. (b) If Auxilium has conducted Clinical Trials for a Product in the relevant Indication prior to the date of the relevant sublicense, then Auxilium will remit [**] percent ([**]%) of Sublicense Income actually received. (c) If Auxilium has obtained Regulatory Approval for a Product in the relevant Indication prior to the date of the relevant sublicense, then Auxilium will remit [**] percent ([**]%) of Sublicense Income actually received. (d) If the field of use of the sublicense to the Product is non-human use, then Auxilium will remit [**] percent ([**]%) of the Sublicense Income actually received for that field of use. (e) Notwithstanding the foregoing in this Section 7.4, in the case of Sublicense Income received from Partner, the Parties agree that Auxilium will remit eight and one half percent (8.5%) of the Sublicense Income actually received from Partner, [**].

Appears in 3 contracts

Samples: Development, Commercialization and Supply Agreement (Auxilium Pharmaceuticals Inc), Development and License Agreement (Auxilium Pharmaceuticals Inc), Development, Commercialization and Supply Agreement (Auxilium Pharmaceuticals Inc)

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Payments Related to Sublicense Income. Within thirty (30) Business Days of receiving Sublicense Income, Auxilium shall make a payment to BTC in the following amount and shall provide to BTC a report showing the basis for the calculation of such amount: (a) If Auxilium has not conducted a Clinical Trial for Product in the relevant Indication prior to the effective date of the relevant sublicense, then Auxilium will remit [***] percent ([***]%) of the Sublicense Income actually received. (b) If Auxilium has conducted Clinical Trials for a Product in the relevant Indication prior to the date of the relevant sublicense, then Auxilium will remit [***] percent ([***]%) of Sublicense Income actually received. (c) If Auxilium has obtained Regulatory Approval for a Product in the relevant Indication prior to the date of the relevant sublicense, then Auxilium will remit [***] percent ([***]%) of Sublicense Income actually received. (d) If the field of use of the sublicense to the Product is non-human use, then Auxilium will remit [***] percent ([***]%) of the Sublicense Income actually received for that field of use. (e) Notwithstanding the foregoing in this Section 7.4, in the case of Sublicense Income received from Partner, the Parties agree that Auxilium will remit eight and one half percent (8.5%) of the Sublicense Income actually received from Partner, [***].

Appears in 1 contract

Samples: Development and License Agreement (Biospecifics Technologies Corp)

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