RENEGOTIATION OF ROYALTY RATES Sample Clauses

RENEGOTIATION OF ROYALTY RATES. The parties acknowledge that the royalty rates set forth in Section 3.3 are based on the expectation that Licensed Antibody Products will be administered to patients intravenously. If Pfizer identifies or develops a different method of administration ("New Dosage Form") with respect to a Licensed Antibody Product or Antibody Products which represents a commercial opportunity for Pfizer or improves the safety or efficacy of such Licensed Antibody Product, the parties may negotiate, as mutually agreed, a new royalty rate for such Licensed Antibody Product in such New Dosage Form to account for development costs and changes in the cost of goods, selling price and projected annual Net Sales. It is understood, however, that the royalty rate specified in Section 3.3.2 shall be modified only as Pfizer and Abgenix mutually agree.
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RENEGOTIATION OF ROYALTY RATES. The Parties acknowledge that the royalty rates set forth in Section 3.2 are based on the premise that Licensed Products ******************** ******************************************************************************** ******************************************************************************** ********. If ****************************************************************** ************************ with respect to a Licensed Product which represents a commercial opportunity for Pfizer or improves the safety or efficacy of such Licensed Product, the parties shall negotiate a new royalty rate for such Licensed Product *************************************************************** ******************************************************************************** ***************. The foregoing provisions of this Section 3.3 regarding renegotiation shall ************************************************************ *******************************************************************************.
Sample 1
RENEGOTIATION OF ROYALTY RATES. The payment obligations under the license granted to Dechra for the Licensed Assets shall continue throughout the term as defined in this Agreement, but will be subject to good faith renegotiations upon the occurrence of whichever of the following applies, unless this Agreement shall have been earlier terminated: (a) the expiration of the last to expire of the Licensed Patents applicable to the Licensed Field within any country in the Licensed Territory; or (b) if no Licensed Patents have been issued within a particular country in the Licensed Territory that are applicable to the Licensed Field, the abandonment of the last to be abandoned of any applications for Licensed Patents in such country that are applicable to the Licensed Field. Such good faith renegotiations shall take into account on a country-by-country or regional basis, but shall not be limited to: (i) competition with the Licensed Products within the Licensed Field; (ii) utilization, incorporation and value of Licensed Technical Information within the Licensed Field; (iii) value of Licensed Technical Information if no longer confidential or proprietary through no fault of Dechra, or its Affiliates, sublicensees, contractors, financiers or any other Dechra agents or the purchasers of Products or services from Dechra or its Affiliates who have access to Licensed Technical Information; (iv) the applicable contract or patent law; or (v) prior payment commitments.
Sample 1
RENEGOTIATION OF ROYALTY RATES. The parties acknowledge that the royalty rates set forth in Section 3.3 and the milestones in Section 3.8 are based on the expectation that Licensed Products will be administered to human patients. If Pfizer identifies or develops for animal patients with respect to a Licensed Product which represents a commercial opportunity for Pfizer in the area of animal health, the parties will negotiate, as mutually agreed, a new royalty rate and milestone schedule for such Licensed Product to account for development costs and changes in the cost of goods, selling price and projected annual Net Sales. It is understood, however, that the royalty rate specified in Section 3.3 and the milestones as per Section 3.8 shall be modified only as Pfizer and Mitokor agree.
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RENEGOTIATION OF ROYALTY RATES. PAYMENT DATES. Royalties shall be paid by Pfizer on Net Sales within sixty (60) days after the end of each calendar quarter in which 7 8 such Net Sales are made. Such payments shall be accompanied by a statement showing the Net Sales of each Licensed Product by Pfizer or any sublicensee of Pfizer in each country, the applicable royalty rate for such Licensed Product, and a calculation of the amount of royalty due.
Sample 1
RENEGOTIATION OF ROYALTY RATES. The parties acknowledge that the royalty rate set forth in Section 3.2 is based on the premise that Products will be administered to animals orally by tablets or capsules which deliver the drug by dissolving passively in the gastrointestinal tract, or parenterally by standard intramuscular or subcutaneous formulations ("Existing Dosage Forms"). If Pfizer identifies or develops a different method of administration ("New Dosage Form") with respect to a Product or Products which represents a commercial opportunity for Pfizer or improves the safety or efficacy of such Product, the parties shall negotiate a new royalty rate for such Product in such New Dosage Form to account for development costs and changes in the cost of goods, selling price and projected annual Net Sales.
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RENEGOTIATION OF ROYALTY RATES. The parties acknowledge that the royalty rates set forth in Section 3.2 are based on the premise that Products [CONFIDENTIAL TREATMENT REQUESTED].
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RENEGOTIATION OF ROYALTY RATES. The parties acknowledge that the royalty rates set forth in Section 4.1 are based on the expectation that Products will be administered to human patients. If Pfizer identifies or develops for animal patients with respect to a Product or Products which represents a commercial opportunity for Pfizer in the area of animal health, the parties may negotiate a new royalty rate for such Product to account for development costs and changes in the cost of goods, selling price and projected annual Net Sales. ** This portion has been redacted pursuant to a request for confidential treatment.
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Related to RENEGOTIATION OF ROYALTY RATES

  • Royalty Rates (i) Licensee shall pay Licensor a royalty of []* (the "Patent Royalty") on quarterly Net Sales of Licensed Product by Licensee, its Affiliates ---------- * This portion of the Exhibit has been omitted pursuant to a request for Confidential Treatment under Rule 406 of the Securities Act of 1933, as amended. The Complete Exhibit, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission. and Permitted Sublicensees in countries where at least one Valid Claim exists during all periods of such existence. Such royalty shall be payable on a country-by-country basis until the expiration of the last remaining Valid Claim in any such country. (ii) In the case of countries in which the Patent Rights consist solely of patent applications, Licensee shall pay Licensor the Patent Royalty on quarterly Net Sales of Licensed Product by Licensee, its Affiliates and Permitted Sublicensees in such countries until the first to occur of []* Upon the []* Licensee shall pay Licensor a royalty of []* (the "Know-How Royalty") on quarterly Net Sales of Licensed Product by Licensee, its Affiliates and Permitted Sublicensees in such country for []* provided, however, that upon issuance of a Valid Claim in such country at any time thereafter, Licensee shall pay Licensor in accordance with subsection (i) above. (iii) Licensee shall pay Licensor the Know-How Royalty on quarterly Net Sales of Licensed Product by Licensee, its Affiliates and Permitted Sublicensees, in countries where no Patent Rights exist and in countries where the only existing Patent Rights have, for a period of []* been patent applications, for a period of []* PROVIDED, HOWEVER, that if at any time thereafter Patent Rights come to exist in any such country, Licensee shall pay royalties to Licensor in accordance with subsection (i) or (ii) above as appropriate. In no event shall the Know-How Royalty be payable in respect of any Net Sales upon which the Patent Royalty is payable.

  • Payment of Royalties To the best of Seller’s knowledge, all royalties and in-lieu royalties with respect to the Assets which accrued or are attributable to the period prior to the Effective Time have been properly and fully paid, or are included within the suspense amounts being conveyed to Buyer pursuant to Section 11.4.

  • Royalty Rate Licensee shall pay to Licensor three percent (3%) of the first $25 million of Revenues received by Licensee or its Affiliates, and two percent (2%) of all additional Revenues received by Licensee or its Affiliates, subject to reductions pursuant to Sections 4.2.2 and 4.2.3.

  • Payment of Royalty The royalty obligation under Section 5.4 shall accrue upon the sales of a Licensed Product in each particular country in the Territory, commencing upon [***], and such obligation shall end upon the expiration of the Royalty Term applicable to such Licensed Product in such country. All such royalty payments are non-refundable and non-creditable and shall be due within [***] days of the end of each [***] and are payable in immediately available funds. ProNAi shall notify Marina in writing promptly upon the First Commercial Sale of Licensed Product in each country and thereafter ProNAi shall furnish Marina with a written report (the “Royalties Report”) for each completed [***] showing, on a country-by-country basis, according to the volume of units of Licensed Product sold in each such country (by SKU) during the reporting period (whether Licensed Product is sold by ProNAi or its Affiliates or Sublicensees): (a) the gross invoiced sales of the Licensed Product sold in each country during the reporting period, and the amounts deducted therefrom to determine Net Sales from such gross invoiced sales; (b) the royalties payable in dollars, if any, which shall have accrued hereunder based upon Net Revenues from sales of Licensed Product; and (c) the withholding taxes, if any, required by Applicable Law to be deducted in respect of such sales (provided that, as to sales by Sublicensees, ProNAi shall report only the net sales numbers (using the definition for such term in the applicable sublicense agreement) as reported by the Sublicensee, if such Sublicensee does not report gross invoiced sales numbers). With respect to sales of Licensed Product invoiced in US dollars, the gross invoiced sales, Net Revenues and royalties payable shall be expressed in the Royalties Report in US Dollars. With respect to sales of Licensed Product invoiced in a currency other than US dollars, the gross invoiced sales, Net Sales and royalties payable shall be expressed in the Royalties Report in the domestic currency of the party making the sale as well as in the US dollar equivalent of the Royalty payable and the exchange rate used in determining the amount of US dollars. The US dollar equivalent shall be calculated on a calendar-month basis using the average monthly interbank rate listed in the Wall Street Journal.

  • License Fees and Royalties Consistent with the applicable U.S. DOT Common Rules, the Recipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Underlying Agreement are program income, and must be used in compliance with federal applicable requirements.

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • Earned Royalties In partial consideration of the License and subject to Sections 3.7 and 3.8, Company will pay to Penn: (i) a graduated royalty as set forth in the table below based upon worldwide annual Net Sales made by Company and its Affiliates (but not sublicensees) of any Designated Compound Sold for use in the Field of Use while covered in the country of Sale of expected use by a Valid Claim of the Assigned BMS Patents that is licensed to Company under the License (but no other Licensed Product): <$500 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$500 million but <$750 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$750 million but <$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% [CONFIDENTIAL TREATMENT REQUESTED] /*/ PATENT LICENSE AGREEMENT (ii) a royalty of [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%) of Net Sales made by Company and its Affiliates (but not sublicensees) for all Licensed Products that qualify as “Licensed Products” hereunder based on clause (b) of that definition and Sold while covered in the country of Sale of expected use by a Valid Claim of the Penn Existing Patents or Penn New Patents; provided that, notwithstanding any credits provided for in Section 3.7 but subject in all events to Section 3.8, royalties payable by Company for such Net Sales for such Licensed Products shall not be less than [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%). Only one royalty shall be due hereunder on the Sale of the same unit of Licensed Product. If a royalty accrues to a Sale of a Licensed Product under both clause (i) and (ii) above, then the higher rate of clause (i) shall apply. Only one royalty shall be due hereunder on the Sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one Valid Claim of the Penn Patent Rights.

  • Sublicense Fees Licensee will pay Sublicense Fees indicated in Section 3.1(e) of the Patent & Technology License Agreement on or before the Quarterly Payment Deadline for the Contract Quarter.

  • License Type Your license to a Product will be under a Named User or CPU license type, as specified on an order. Each Named User license to a Product entitles a Named User to access and use that Product in one production environment and up to two non-production environments. Each CPU license to a Product entitles you to assign the Product to a single CPU in one production environment and up to two non-production environments, for use in support of an unspecified number of Named Users.

  • Earned Royalty In addition to the annual license maintenance fee, ***** will pay Stanford earned royalties (Y%) on Net Sales as follows:

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