Royalties and Payment. (a) Subject to the further provisions regarding royalties and payments below, WBSL will pay the following royalties to TPR, without duplication (each a “Royalty” and together the “Royalties”):
(i) [***] per Barrel of Produced Water disposed of or transported, in either case, utilizing New Infrastructure on or within the Contiguous DBR Lands, and not ever crossing any part of the Checkerboard Lands (each such applicable Barrel of Produced Water, an “Applicable CDBRL Barrel”);
(ii) [***] per Barrel of Produced Water disposed of or transported, in either case, utilizing New Infrastructure on or within the Checkerboard Lands; and
(iii) [***] of gross proceeds received by WBSL from Skim Oil recovered by WBSL utilizing New Infrastructure within the AMI Lands.
(b) The obligation of WBSL to pay (x) the Royalties set forth in Section 4(a)(iii) with respect to Skim Oil attributable to the Applicable CDBRL Barrels and (y) the Royalties set forth in Section 4(a)(i) shall be suspended as of the Effective Date and shall remain suspended until the [***] anniversary of the Royalty Date, or until the date that WBSL has reached [***], whichever occurs first (such earlier date, the “Capacity Achievement Date”).
(i) Until the Capacity Achievement Date, in lieu of the suspended Royalties described in the introductory paragraph of this Section 4(b), WBSL shall pay to TPR [***] (the “Alternate Royalty”).
(ii) [***].
(iii) The Annual Volume will be prorated as applicable for the Alternate Royalty Year in which the Capacity Achievement Date occurs and, promptly following the Capacity Achievement Date, WBSL will pay the Alternate Royalty on any remaining deficiency for the Annual Volume for any prior Alternate Royalty Year and any deficiency in the prorated Annual Volume for the current Alternate Royalty Year, if applicable.
(iv) For the avoidance of doubt, the Alternate Royalty shall not apply to any Barrels of Produced Water disposed of or transported, in either case, utilizing New Infrastructure on or within the Checkerboard Lands, and WBSL shall be obligated to pay the Royalties set forth in Section 4(a)(ii) and Section 4(a)(iii) above for such Barrels.
(c) Notwithstanding anything herein to the contrary, on and after the Capacity Achievement Date WBSL shall pay:
(i) the Royalty set forth in Section 4(a)(i) in respect of [***] of the Applicable CDBRL Barrels up to the Capacity Threshold [***];
(ii) the Royalty set forth in Section 4(a)(i) on all Applicable CDBRL Barrels in exce...
Royalties and Payment a. Unless the Agreement has been terminated or expired pursuant to Section 16, in consideration of the licenses granted under Section 2(a) of this Agreement, the Company shall pay to Columbia the following payments and royalties only:
(i) $750,000 upon the earlier to occur of (A) approval by the United States Food and Drug Administration or its foreign equivalent in any European Union member country, Australia, Canada or Japan to market the first Licensed Product of the Company, an Affiliate, or a Sublicensee, and (B) sale or transfer of the portion of Company’s business related to the subject matter of this Agreement, unless such sale or transfer is to an Affiliate or to a third party having annual gross revenues of greater than $500 million;
(ii) A royalty of [***] of Net Sales of Licensed Products by the Company, an Affiliate, or any Sublicensee during the term of United States Patent No. 6,677,299 (“the ‘299 patent”); and
(iii) [***] annual fee payable on December 15th of each year from 2015 through and including 2021, for a total of seven such payments, provided that Columbia sends Company an invoice for each such annual payment at least 30 days in advance of the due date of each such payment. Columbia may, in its sole discretion, apply any portion of the fees paid under Section 3(a)(i) and Section 3(a)(iii) towards patent expenses incurred by Columbia relating to the Licensed Patents as defined in the Amended 2003 Agreement not already reimbursed by Company prior to the execution of this Agreement or in accordance with Section 6a. Nothing herein shall obligate the Company to remit to Columbia any portion of any payment or other thing of value received from a Sublicensee other than royalties on Net Sales by Sublicensees as provided for herein.
Royalties and Payment. 3.1 In consideration of all the rights and licenses granted hereunder, XXXXXXX & XXXXXXX and CHIRON shall jointly pay to NOVO NORDISK [*] designates portions of this document that have been omitted pursuant to a request for confidential treatment filed separately with the Commission.
3.1.1. a license fee of [ * ] payable within 30 (thirty) days after signature of this Agreement, which amount shall be non-refundable and non-creditable.
3.1.2. a further license fee of [ * ], payable at the earliest of (i) within 30 (thirty) days after the filing of a Product License Application ("PLA") for Licensed Product with the U.S. Food and Drug Administration, the filing of a similar application with the CPMP in Europe, or the filing of a similar application in either of the countries France, Germany, UK, Japan, or (ii) December 31, 1996. [ * ] shall be creditable against any future running royalties.
3.1.3. a running royalty payable on a country by country basis on all Licensed Products sold by XXXXXXX & XXXXXXX and CHIRON, its Affiliates - or a marketing/business partner as mentioned in Clause 1.4 - at a rate of [ * ]% of Net Proceeds of Sales of Licensed Product. XXXXXXX & XXXXXXX and CHIRON shall jointly pay this running royalty quarterly within sixty (60) days after the end of each calendar quarter. XXXXXXX & XXXXXXX and CHIRON shall diligently pursue the development, registration and product introduction into the market and minimum royalties shall be payable after the earliest of (i) the first twelve (12) months of sales of Licensed Product after the First Commercial Sale or (ii) January 1st 1998 according to the following schedule: Year 1 [ * ] Year 2 [ * ] Year 3-6 [ * ] In any year in which running royalties are less than the applicable minimum royalty under this paragraph, then XXXXXXX & XXXXXXX and CHIRON shall, within sixty (60) days after such year, pay to NOVO NORDISK a sum equal to [ * ]. [*] designates portions of this document that have been omitted pursuant to a request for confidential treatment filed separately with the Commission.
3.2 XXXXXXX & XXXXXXX and CHIRON shall make all payments hereunder after deducting or withholding all taxes as required by the laws of Denmark or laws of any other country in which an Affiliate of XXXXXXX & XXXXXXX or CHIRON is selling Licensed Product; and shall furnish NOVO NORDISK as soon as practicable with proper evidence as to the payment of such taxes.
3.3 XXXXXXX & XXXXXXX and CHIRON shall make all payments to NOV...
Royalties and Payment. 5.1 Comic Book (Section 3.1)
Royalties and Payment. (1) In consideration of the licenses granted to Licensee hereunder. Licensee shall pay to Licensor the following royalties:
(a) Initial manufacturing, license and royalty fee ("Initial Fee") of one million and five hundred thousand US dollars (US$1,500,000-) paid within sixty (60) days (JST) after the Effective Date of this License Agreement,
(b) Running royalty per one unit of 2D version of the Product or Final Product(s) shall be paid in accordance with Schedule III of this License Agreement. The running royalty for 2D version of the Product or Final Product(s) shall cease after the expiration of this License Agreement.
(c) Running royalty per one unit of 3D version of the Product or Final Products shall be paid in accordance with Schedule III of this License Agreement. The running royalty for 2D version of the Product or Final Product(s) shall cease and all grant of license in the Article 2 shall become free of charge after the expiration of this License Agreement.
(2) The running royalty in this Article shall be computed quarterly as of the last day of March, June, September and December of each year during the term of this License Agreement, and Licensee shall pay to Licensor the total amount of the running royalty thus computed within forty-five (45) days after the end of the relevant quarterly period. The details of the payment procedure shall be separately agreed by the parties by a reasonable date before first payment.
(3) Any taxes of whatever nature imposed or levied by the Japanese Government on the royalties to be paid under this Article shall be borne by Licensor. Licensee shall withhold and pay such tax on behalf of Licensor. Upon request of Licensor, Licensee shall provide Licensor with formal certificates showing such tax payment so as to enable Licensor to enjoy the benefit of avoidance of double taxation pursuant to the Tax Treaty between the United States of America and Japan.
(4) All payments by Licensee to Licensor hereunder shall be made in currency of US dollar by telegraphic transfer to Licensor's bank account on email receipt of an invoice in PDF format.
Royalties and Payment a. Licensee shall pay Microware the Advance Royally Fee, which represents Per Copy Royalties for the first 10 CPU's (Central Processing Unit(s) for which Copies of Software will be Distributed, upon Licensee's signature of this Agreement.
b. Licensee may extend this Agreement to Distribute Software for additional CPU's by prepaying to Microware a Per Copy Royalty for each additional CPU for which the Software will be Distributed. All extensions shall be in lots equal to or greater than the Minimum Extension Quantity.
c. Licensee agrees to pay all shipping charges for materials shipped by Microware under this Agreement, and any taxes, duties, licenses, fees, or tariffs imposed by any state or other governmental body or agency on the production, storage, licensing, sale, transportation, import, export or use of the Software. Microware shall be responsible for all taxes based upon its net income.
Royalties and Payment. 4.1. Licensee agrees to pay ULEAD the License Fee on or prior to thirty (30) days after the last day of each fiscal month for all the units of the Software shipped by Licensee during that month. Notwithstanding the foregoing, no License Fee is payable for (i) any shipment of the Software which is an Update Release or a Version Release, (ii) any shipment of the Software which is a replacement for a defective disk and (iii) any copies of the Software distributed by Licensee to its employees, agents or consultants for the purpose of testing, evaluating and supporting the Software and the Bundled Products.
4.2. All payments shall be made by check or by wire transfer to such bank account as ULEAD may from time to time designate in writing.
4.3. Any late payment will bear Late Payment Charges as set forth herein. These charges will accrue beginning forty-five (45) days from the date payment is due. Any acceptance of Late Payment Charges will not be deemed a waiver of any right which ULEAD may have under law and equity, including the right to terminate this agreement.
4.4. Licensee may not delay payment due to any currency shortage or exchange control. In the event any currency legislation or exchange control precludes Licensee from making payments to ULEAD at ULEAD's address in U.S. dollars for a period exceeding forty-five (45) days, ULEAD will have the right to terminate this Agreement.
4.5. Any Software shipped by ULEAD will be shipped FOB ULEAD's warehouse in California. Licensee will pay to ULEAD all freight, insurance, duty and sales tax, if any, incurred by ULEAD (when the Software is shipped from ULEAD's warehouse in California) when invoiced by ULEAD. However, no sales tax will be charged if, prior to the issuance of invoice, Licensee has supplied ULEAD with appropriate tax exemption certificates reasonably satisfactory to ULEAD.
4.6. Any returns may only be made for credit against future License Fees pursuant to ULEAD's Return Material Authorization (R. M. A.) procedure, which has been previously provided to Licensee and which may not be modified without prior written consent of Licensee, which consent shall not be unreasonably withheld or delayed; provided, however, that in the event that Licensee does not ship any additional Software during the month that the Software is returned to ULEAD, ULEAD shall refund the Licensee Fee paid by Licensee for the returned Software on or prior to thirty (30) days after the last day of such month. Licensee agrees to...
Royalties and Payment. 1. Following the regulations stated in Attachment A, Crayfish must pay NAC the annual license fee and the monthly service usage fee. The monthly service usage fee must be paid for all of the e-mail boxes offered by Crayfish as part of the designated service. In accordance with the regulations stated in Attachment A, Crayfish must submit a report, signed and sealed by an executive, which states the number of e-mail boxes offered by Crayfish as part of the designated service. The report should also state a calculation of the amount of the service usage fee.
2. The conditions of payments made by Crayfish to NAC are defined in Attachment A. In the event that Crayfish fails to make payment in accordance with the definition stated in Attachment A, a monthly delayed rate of interest of 1.5% will be added (the delayed interest rate granted by law will be applied if it is below 1.5%).
3. Crayfish is to add consumption tax to the amount of payment designated in this contract.
Royalties and Payment a. In consideration of the licenses granted under Section 3a of this Agreement, following United States FDA approval of a Product issued to any applicant, the Company shall pay to Columbia a royalty of 5% on Net Sales of such FDA approved Product by the Company and its Affiliates in the Territory.
b. In consideration of Company's right to sublicense third parties granted under Section 3b of this Agreement, following United States FDA approval of a Product issued to any applicant, Company shall pay to Columbia 5% on Sublicense Receipts in the Territory.
c. Subject to Section 2g, without the prior written consent of Columbia, Company, its Affiliates and Sublicensees shall not solicit or accept any consideration for the sale of any Product other than as will be accurately reflected in Net Sales.
Royalties and Payment. 8.01 Licensee will pay to AECOM four percent (4%) of the Net Sales by Licensee and Subsidiaries. Licensee shall make such payments for the longer of ten (10) years from First Commercial Sale by Licensee of a Licensed Product or until the EXPIRATION OF THE LAST ALZHEIMER Therapeutic Patent which covers a Licensed Product made, used or sold by Licensee. For the purpose of this paragraph, "First Commercial Sale" shall occur when Licensee or a Subsidiary makes an unrestricted release of a Licensed Product to its sales and marketing organization in national markets through (i) the United States or (ii) in a major western European country or (iii) Japan, intended to reach the general market for the Licensed Product.
