Percentage Royalties. CDS agrees to pay GEN-PROBE royalties on Net Sales as set forth herein. The amount of royalties payable under this Section 4.2 shall be determined on a Semi-Annual Period basis and, for any Semi-Annual Period, such amount shall be calculated by taking (A) the Net Sales for such Semi-Annual Period of all the Licensed Products and Future Licensed Products, multiplied by (B) the Applicable Royalty Rate described below.
Percentage Royalties. Percentage Royalties shall be computed as follows:
(i) The Licensee shall pay Titan a percentage royalty of 10% of the Net Sales Price on all sales of the Licensed Products by the Licensee to its customers or distributors. If the Licensee sells any Licensed Products to a customer or distributor in the Territory on an F.O.B. basis from a manufacturing source outside the Territory (for example, a shipment of Licensed Products F.O.B. Hong Kong to a customer in the Territory), the royalty rate on such sales shall be computed on the basis of the average Net Sales Price of all non-F.O.B. sales of the same Licensed Products by the Licensee during the accounting period in which such F.O.B. sale occurs.
(ii) All royalty computations under this subparagraph 4(b) shall be made on the basis of the Net Sales Price charged by the Licensee, or, if the Licensee sells a Licensed Product to a subsidiary or other party controlled by the Licensee, on the basis of the Net Sales Price for such Licensed Product charged by such subsidiary or controlled party on resale of the Licensed Product.
Percentage Royalties. SPECIALTY agrees to pay GEN-PROBE royalties with respect to each and every Assay or Assay Series performed by SPECIALTY or an Affiliate of SPECIALTY. The amount of royalties payable under this Section 3.1 shall be determined on a Calendar Quarter basis and, for any Calendar Quarter, such amount shall be calculated by taking the product of (A) the Net Royalty Sales for such Calendar Quarter, multiplied by (B) the Applicable Royalty Rate.
Percentage Royalties. (a) Licensee shall pay to Licensor percentage royalties equal to five percent (5%) of Net Sales ("Percentage Royalties"). It is understood that Licensee shall guarantee payment to Licensor during the Term of an amount equal to or greater than $50,000 (5% of Minimum Net Sales of $1 million).
(b) In the event that at the end of the Term, Licensee has failed to pay to Licensor Percentage Royalties in an amount equal or greater than $50,000, Licensee shall pay to Licensor within 10 days following the end of the Term, the difference between the amount of Percentage Royalties paid and $50,000, Notwithstanding the foregoing, it is understood that in the event that the License is terminated as a result of a sale or transfer pursuant to Section 2.1, Licensee shall not be obligated to pay such differential amount upon termination.
Percentage Royalties. For calendar years 2000 and 2001, IQO shall pay to QOS a Percentage Royalty as follows: 20% on the first One Million ($1,000,000) Dollars of Adjusted Net Sales, 18% on Adjusted Net Sales between One Million and One ($1,000,001) Dollars and Two Million ($2,000,000) Dollars, 15% on Adjusted Net Sales between Two Million and One ($2,000,001) Dollars and Five Million ($5,000,000) Dollars, and 12% on Adjusted Net Sales over Five Million ($5,000,000) Dollars. QOS and IQO will use their best efforts to renegotiate these royalty rates for calendar years 2002 and beyond. In the event that QOS and IQO are unable to agree on Percentage Royalty rates for the remaining License Term, the Percentage Royalty rates for calendar year 2002 and beyond shall be those set forth above in this Section 4.1 (subject to any necessary adjustments in accordance with Section 3.3 if the license becomes non-exclusive). Percentage Royalties shall be payable on a quarterly basis, no later than the twentieth (20th) day of the month immediately following the quarter in which said sales are made. All Percentage Royalty payments shall be sent to QOS via overnight courier together with the Quarterly Report, as defined below, and shall be paid automatically by IQO without billing therefor by QOS.
Percentage Royalties. In consideration of Licensor's grant to Licensee of the right and license to use the Trademark in connection with the manufacture, sale, distribution and promotion of Subject Products in accordance with Section 2.1 of this Agreement, Licensee shall pay the Percentage Royalty to Licensor.
Percentage Royalties. Percentage royalties shall be computed as follows;
i) The Licensee shall pay Titan a percentage royalty of Six Percent (6%) of the Retail Sales Price on all sales of the Licensed Products, excluding the kiosks by the Licensee to its customers or distributors. For greater certainty, the parties hereto agree that there will be no royalty payable on the sale or repurchase of any kiosk by the Licensee.
ii) All royalty computations under this subparagraph 4(b) shall be made on the basis of the Retail Sales Price charged by the Licensee, or, if the Licensee sells a Licensed Product to a subsidiary or other party controlled by the Licensee, on the basis of the Retail Sales Price for such Licensed Product charged by such subsidiary or controlled party on the sale of the Licensed Product.
Percentage Royalties. (a) Commencing with the first shipment of Articles, --------------------- Licensee will pay to Licensor on a quarterly basis in the manner provided for in Section 6.5 below, a royalty equal to ++% of Net Sales ("Percentage Royalties"). -----------------------
Percentage Royalties. The Licensee shall pay UM a percentage royalty equal to 8% of the Net Sales Price on all sales of the Licensed Products by the Licensee to its customers through December 31, 2005 and 10% of the Net Sales Price on all sales of the Licensed Products by the Licensee to its customers thereafter. The Licensee shall have no right to make F.O.B. Sales.
Percentage Royalties. In consideration of the License granted hereunder, LICENSEE agrees to pay LICENSOR royalty payments equal to the percentage of net sales of the Licensed Products as set forth in Item 8 of Schedule B (the "Percentage Royalties") hereto during each royalty year as set forth in Item 9 of Schedule B hereto (each, a "Royalty Year"). Any sale by LICENSEE or its affiliates, associates or subsidiaries of (i) the Licensed Products or (ii) products of apparel and accessories copied from the Licensed Products of LICENSOR or any design or sketch obtained from LICENSOR, and/or containing design elements uniquely associated with LICENSOR, all subject to other applicable provisions herein, including in particular, Section 5.4 herein or any Licensed Product whether or not bearing the Nautica Names and Marks for the purpose of computing Percentage Royalties due LICENSOR. Amounts due LICENSOR hereunder shall be deemed to be held by LICENSEE in trust for the benefit of LICENSOR until actually paid to LICENSOR.
