Product Payments. PacifiCorp will pay Seller for the Product as stated in this Section 5.1, and Seller shall not be entitled to any compensation over and above the prices stated below for the Product.
Product Payments. Supplier shall issue an invoice in the Currency (as converted through the Currency Conversion Rate) to Purchaser on the date of Delivery of any Order of Product and Purchaser shall pay the full amount of each such invoice issued to it by Supplier within sixty (60) calendar days of the date of its receipt of such invoice; provided, however, that Purchaser may withhold payment of any amount that it may reasonably dispute in good faith until such dispute is resolved (including as the result of the Product’s non-compliance with the Compliance Requirements).
Product Payments. In consideration of the rights granted to Durect hereunder, the performance of the Program by ALZA and ALZA's other obligations under this Agreement, Durect shall make Product Payments to ALZA on Net Sales of the Product for the term of the Commercialization rights set forth in Section 5.1. The payments to be made under this Section 6.1 are in recognition of the unusual nature of the arrangements between the parties, pursuant to which ALZA will provide access to technology over several years, without profit, in anticipation of possible future payments under this section 6.
1. By the payments under this Section 6.1, it is the intent of the parties that ALZA's efforts and expenditures in creating DUROS Technology to be utilized in the Program be recognized by a long-term financial sharing in Durect's Product revenues.
(a) Product Payments on Net Sales of Product due under this Section 6.1 for any calendar year shall be based on the prior calendar year's total Net Sales of Product in the Territory, with payment rates for such calendar year to be the applicable percentages set forth herein. The
Product Payments. In further consideration of the rights granted hereunder by SPE to Philips, Philips shall make a royalty payment in the form of a FOSSL Enabled Product Payment to SPE for each calendar year from 2014 to 2020 (or as otherwise shifted for a specific Licensed Field in accordance with the terms of Section 3.2.1) for the [***] FOSSL System ([***]) of any version delivered to, accepted by, and paid for, by Philips’ (or its Affiliates’ or their respective licensees’ or sublicensees’) customers in that respective year and for each unit of FOSSL Systems delivered to and accepted by Philips’ (or its Affiliates’ or their respective licensees’ or sublicensees’) customers in excess of [***] in that respective year. The FOSSL Enabled Product Payment shall be made [***]. For all FOSSL Systems for which a FOSSL Enabled Product Payment is due, the FOSSL Enabled Product Payments made in a given calendar year shall be an amount which is equal to [***] (due within [***] of receiving an invoice for the amount due after the delivery and acceptance of [***] of a FOSSL System in the applicable calendar year when [***]) plus [***] for each delivered and accepted FOSSL System after the total of such deliveries during the applicable calendar year reaches [***]. For the avoidance of doubt, the [***] this Section 3.2 shall [***]. FOSSL Enabled Product Payments shall be subject to the terms and conditions of Sections 3.4, 3.6, 3.9, 3.10, 3.14, and 3.15 of the Hansxx-Xxxxxxx Xxxeement, mutatis mutandis, to refer to amounts due under this Section 3.2 and with references to Hansxx xxxerpreted as references to SPE.
Product Payments. Supplier shall be paid for the Product based on the Delivered Amount of Energy as determined by data from Meter readings, as follows:
4.1.1 Upon the Operation Date and prior to the Commercial Operation Date, all Product associated with Delivered Amounts of Energy from the Generating Facility shall be paid for by Buyer at the lesser of (i) ninety percent (90%) of the daily Off-Peak Dow Xxxxx Xxxx/Marketplace Electricity Index for firm energy or (ii) ninety percent (90%) of the daily Off-Peak Dow Xxxxx Xxxx/Marketplace Electricity Index for non-firm energy, or (iii) the Excess Product Rate.
4.1.2 Subsequent to the Commercial Operation Date.
4.1.2.1 All Product associated with Delivered Amounts of Energy from the Generating Facility other than Excess Energy, from and after the Commercial Operation Date, shall be paid for by Buyer at the Product Rates set forth in Exhibit 2A.
4.1.2.2 All Product associated with Excess Energy from the Generating Facility, from and after the Commercial Operation Date, shall be paid for by Buyer at the lesser of (i) ninety percent (90%) of the daily Off-Peak Dow Xxxxx Xxxx/Marketplace Electricity Index For firm energy or (ii) ninety percent (90%) of the daily Off Peak Dow Xxxxx Xxxx/Marketplace Electricity Index for non-firm energy, or (iii) the Excess Product Rate.
Product Payments. Effective as of the Closing Date, Customer will pay Supplier on the basis of the direct relevant production costs of the Products (the current production costs are as set forth in Schedule 8.02 hereof), plus the appropriate Markup (the “Product Payments”). For each year in respect of which Prepayments are made, Customer will pay [***] percent ([***]%) of the full value of each Product Invoice in 2020 and [***] percent ([***]%) of the full value of each Product Invoice in 2021, in each case until an amount equal to the amount of the relevant Prepayment has been reached.
Product Payments. 5.1. Except for the Grandfathered Royalty Amounts (defined below in Section 5.2), the Product Payment royalties for the period of time commencing April 1, 2001, and continuing thereafter, are changed from the current formula set forth in Exhibit A (Pricing Addendum) to the Marketing and Distribution Agreement, as it may have been amended from time to time by the parties, to a flat ten percent (10%) of Net Revenues (as defined in Section 3 above).
5.2. The Product Payments for the following Licensed Products are not affected by this Amendment, and are grandfathered in under the Product Payment formula defined in Exhibit A (Pricing Addendum) to the Marketing and Distribution Agreement and the subsequent license option exercise letters: Grants Administration, eBenefits, Mobile Time and Expense, Stock Administration, Time and Labor, and Deductions (the "Grandfathered Royalty Amounts"). For purposes of clarification, such Product Payments will be computed by applying the following respective rates to the Net License Fees for the applicable product: Grants Administration 1.2% EBenefits 5.1% Mobile Time and Expense 2.0% Stock Administration 1.5% Time and Labor 1.8% Deductions 1.3%
Product Payments. BioChem, BV or TII, as applicable, shall make payments to CliniChem ("Product Payments") with respect to each Acquired Product as follows:
(a) royalties of up to a maximum of six percent (6%) of Net Sales of the Acquired Product in the Territory determined as follows: (A) one percent (1%) of such Net Sales, plus (B) an additional one tenth of one percent (0.1%) of such Net Sales for each full one million dollars ($1,000,000) of Research and Development Costs of the Acquired Product that have been paid by CliniChem at the time BioChem, BV or TII exercised its Product Option with respect to such Acquired Product; plus
(b) licensing fees of up to a maximum of twenty-five percent (25%) of Licensing Revenues received by the party exercising the Product Option with respect to such Acquired Product determined as follows: (A) ten percent (10%) of such Licensing Revenues, plus (B) an additional one percent (1%) of such Licensing Revenues for each full one million dollars ($1,000,000) of Research and Development Costs of the Acquired Product that have been paid by CliniChem at the time BioChem, BV or TII exercised its Product Option with respect to such Acquired Product. Notwithstanding the foregoing, Product Payments for any quarter will not exceed three percent (3%) of Net Sales plus twelve and one-half percent (12.5%) of Licensing Revenues in the Territory for the first twelve (12) calendar quarters during which the Acquired Product is commercially sold in the first Major Market Country. As a result of this provision, if an Acquired Product were to be cleared for marketing in countries that are not Major Market Countries prior to marketing clearance in the first Major Market Country and Product Payments in such countries would exceed three percent (3%) of Net Sales plus twelve and one-half percent (12.5%) of Licensing Revenues, the Product Payment rates in such countries will be reduced to three percent (3%) of Net Sales plus twelve and one-half percent (12.5%) of Licensing Revenues for the first twelve (12) calendar quarters during which the Acquired Product is commercially sold in the first Major Market Country.
(c) In determining Product Payments, the amount of Net Sales by and Licensing Revenues of BioChem, BV and TII shall be reduced by the dollar amount of any license or similar payments made by or due from BioChem or its Affiliates to third parties with respect to sales or development of such Acquired Product in the Territory. BioChem, BV or TII, as applic...
Product Payments. NovaBay shall pay Pioneer [***] for one unit of the Product (e.g., one test kit) (the “Price”). Prior to each shipment of Products, Pioneer will submit an invoice to NovaBay and NovaBay shall pay by wire transfer of 100% of the invoiced amount before the delivery of the Product. The difference in the Price paid by NovaBay hereunder and the selling price charged by NovaBay to Customers shall be NovaBay’s sole remuneration hereunder.
