Percentage Royalty. As additional consideration for the exclusive license granted pursuant to Section 2.1 hereof, Licensee shall pay to Scripps a continuing royalty on a country-by-country basis in the amount of (i) [***] of Net Sales of therapeutic Licensed Products which cannot be made, used or sold in such country without utilizing one or more valid claims under Scripps Patent Rights, (ii) [***] of Net Sales of diagnostic Licensed Products which cannot be made, used or sold in such country without utilizing one or more valid claims under Scripps Patent Rights, and (iii) [***] of Net Sales of all other Licensed Products.
Percentage Royalty. As additional consideration for the exclusive license granted pursuant to Section 2.1 hereof, Licensee shall pay to Scripps a continuing royalty on a country-by-country basis in the amount of (i) two percent (2%) of Net Sales of Licensed Products which cannot be made, used or sold in such country without utilizing one or more valid
Percentage Royalty. As additional consideration for the rights granted under this Agreement, Licensee shall pay to Licensor a running royalty on a country-by-country basis in the amount of [ * ] of Net Sales of Licensed Products.
Percentage Royalty. In addition to the payment described in Section 2.2 above, Licensee agrees to pay Licensor during the term of this Agreement a royalty for each Licensed Product sold by Licensee or its sublicensees (but not more than one royalty for each Licensed Product) of [***]%) of the Net Sales of Licensed Product in the Territory. Licensee’s obligation to pay royalties hereunder shall cease upon the earlier of (i) the expiration of the Patents or (ii) the termination of this Agreement (the “Royalty Term”). The Patents shall be deemed to have expired upon the non-payment of the maintenance fee, upon the judgment of invalidity or unpatentability by a court or administrative agency of competent jurisdiction from which no appeal is taken or can be taken or upon expiration of the term of the Patents At the time Licensee delivers the accounting statement required by Section 2.9 below, Licensee shall simultaneously pay to Licensor a sum equal to the aggregate payment due based on the information contained in such accounting statement and consistent with this Agreement.
Percentage Royalty. As additional consideration for the exclusive license granted pursuant to Section 2.1 hereof, Licensee shall pay to Scripps a [***] on [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Percentage Royalty. Videocon shall pay CopyTele a royalty of (a) Six percent (the “Percentage Royalty Rate”) of the Ex-Factory Price of all Products sold by Videocon or any Sublicensee to any party up until the first US $5,000,000 in sales (at the Ex-Factory Price); in aggregate by Videocon and Sublicensees taken together, and (b) with respect to all sales of Products sold by Videocon or any Sublicensee to any party in excess of US $5,000,000 (at the Ex-Factory Price), (i) three percent of the Ex-Factory Price with respect to sales made on or prior to the seventh anniversary of the Effective Date and (ii) one percent of the Ex-Factory Price with respect to sales made after the seventh anniversary of the Effective Date, unless there shall have been significant improvements in the CopyTele Technology which, under then-market conditions, shall justify a higher royalty rate (in which case, the parties shall negotiate in good faith such higher royalty rate). The CopyTele Technology indicated in *** in Exhibit D, if successfully implemented, is agreed between the parties to be significant improvements in the *** CopyTele Technology for the purposes of this paragraph. If any amounts are received by Videocon or any Sublicensee in a currency other than U.S. dollars, for purposes of calculating the royalty amount, conversion shall be made at the exchange rate published in the Wall Street Journal on the last day of the calendar month in which such foreign currency amounts are received.
Percentage Royalty. 4 2.3.2 Credits Against Royalties........................... 4 2.3.3 Minimum Annual Royalty.............................. 4 2.3.4
Percentage Royalty. As additional consideration for ------------------ the exclusive license granted pursuant to Section 2.1 hereof, Licensee shall pay to Licensor a continuing royalty on a country-by-country basis in the amount of (i) three percent (3%) of Net Sales of Licensed Products made, used or sold in any country where the Licensed Technology utilized therein is protected by a valid patent.
Percentage Royalty. 3.1.1 In consideration of the license granted and the services to be performed by Xxxxx under this Agreement and subject to Guaranteed Minimums, Licensee shall pay to Xxxxx Royalties equal to ( %) percent of the Net Sales of all Xxxxx Merchandise, in accordance with all the terms and conditions of this Agreement.
3.1.2 Licensee shall be obligated to pay and account for Royalties for all Xxxxx Merchandise billed or shipped, even if the Merchandise improperly bears the Xxxx or the applicable transaction is otherwise in breach or violation of the terms of this Agreement; provided that this subparagraph 3.
Percentage Royalty. Licensee shall pay to Licensor a royalty on Net Sales of any Sensors sold by Licensee equal to: (i) XXXXX% of Net Sales of Esophageal Sensors or Sublingual Sensors, as the case may be, for calendar years in which Average Selling Price received by Licensee was $XXXXX or more per unit; (ii) XXXXX% of Net Sales of Esophageal Sensors or Sublingual Sensors, as the case may be, for calendar years in which the Average Selling Price received by Licensee was $XXXXX or more per unit, but less than $XXXXX per unit; and (iii) XXXXX% of Net Sales of Esophageal Sensors or Sublingual Sensors, as the case may be, for calendar years in which the Average Selling Price received by Licensee was less than $XXXXX per unit. Royalties payable with respect to Net Sales of Sensors shall be calculated separately for each Major Market based on the Average Selling Price in each Major Market. Licensee shall pay to Licensor a royalty on Net Sales of any Instruments sold by Licensee equal to XXXXX% of the aggregate Gross Margin with respect to Instruments that are sold or placed in the field by Licensee. Royalties under this Section 3(a) shall be payable only with respect to sales of Sublingual Sensors and related Instruments only if a valid U.S. patent, as defined in the Patent Rights, has issued covering the Sublingual Sensor prior to the date of sale. [PORTIONS OF THIS SECTION HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIALITY UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. A COPY OF THIS AGREEMENT WITH THIS SECTION INTACT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
