Royalties and Product Price Sample Clauses

Royalties and Product Price. WFHC shall (i) in further consideration of the license granted to WFHC herein pay to Fourxxxx x xoyalty quarterly during the Term equal to the greater of (a) * * * of Net Sales or (b) * * * per patch ("Floor Royalty"), based on the Product sold during the applicable quarter (including a patent royalty equal to * * * of Net Sales), and (ii) in consideration of the supply of Product pay to Fourxxxx xxx Shipping Costs and the greater of (a) * * * of Net Sales of the Product sold during the applicable quarter or (b) the Floor Price (as defined below). The Floor Price shall be (i) * * * per patch for the 25(mu)g, 37.5(mu)g and 50(mu)g dosage forms of the Product, and (ii) * * * per patch for the 75(mu)g and 100(mu)g dosage forms of the Product. The Floor Price and the Floor Royalty with respect to new dosage forms and the seven-day patch will be reasonably determined by Fourxxxx. Xxe Floor Price for any Product form may be reasonably adjusted by Fourxxxx, xxt more than once per calendar year, in the event of a change in its or CST's manufacturing costs. In the event Fourxxxx xxxires to make such an adjustment, it shall notify WFHC and the parties shall meet and use reasonable efforts to agree on the amount of such adjustment. If the parties are unable to agree notwithstanding such efforts, WFHC may at its expense designate an independent public accountant reasonably acceptable to Fourxxxx xx review any information which may justify such adjustment. The accountant shall report to WFHC whether the information justifies the adjustment, but shall not disclose to WFHC the content of any non-public information disclosed by Fourxxxx xx CST during such review. If the accountant reports that the information justifies the proposed adjustment or a smaller adjustment, the Floor Price shall be adjusted accordingly. If (i) the parties are unable to agree notwithstanding said efforts, and (ii) the aggregate of the royalty and ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 9 the new Average Floor Price as proposed by Fourxxxx xxxeed * * * of the most recent quarterly Net Sales as available to WFHC and Fourxxxx xx the date Fourxxxx xxxst proposes the adjustment, either party may by giving not less than three (3) months' prior written notice to the other terminate this Agreement. During such notice period, all rights and licenses of WFHC hereunder shall...
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Related to Royalties and Product Price

  • Product Price Termination under any of the above paragraphs shall not result in any change to unit prices for Products not terminated.

  • Product Prices Product prices and validity of product prices are stated in the Offer and/or in the Individual Agreement.

  • 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.

  • Royalties This agreement entitles the author to no royalties or other fees. To such extent as legally permissible, the author waives his or her right to collect royalties relative to the article in respect of any use of the article by the Journal Owner or its sublicensee.

  • Production Royalty When Lessee commences production of ores, minerals or materials from the premises, Lessee shall pay to Lessor a production royalty of 3% of the Net Smelter Returns (NSR) received by Lessee from the sale of said ores, minerals or materials, from the Premises. Lessor may buy out the Lessee’s Production Royalty at a rate of One Million Dollars ($1,000,000.00) per Royalty percentage, with the Lessee retaining One Percent (1%). (1) If Lessee sells refined gold or silver, Lessee will be deemed to have received proceeds from the sale thereof equal to the number of ounces of refined gold or silver outturned to Lessee's account during the calendar quarter multiplied in the case of gold by the average daily London Bullion Brokers P .M Gold Fixing during such calendar quarter and in the case of silver by the average of the daily Engelhard industrial bullion price for silver during the calendar quarter. The average price for a calendar quarter shall be determined by dividing the sum of all daily prices posted during the calendar quarter by the number of days that prices were posted. The posted price shall be obtained from the Wall Street Journal, Reuters, E&MJ or other industry-accepted source. If a posted price referenced above becomes no longer available, Lessee shall, acting reasonably, select an alternative posted price that closely approximates such original posted price. Lessee shall have the right to market and sell to third parties refined gold and silver in any manner it chooses, including the sale of such refined gold and silver on the commodity market. In this regard, Lessor shall have no right to participate in any gains and/or profits or obligation to suffer any losses accruing to Lessee as a result of forward sales, options trading, commodities futures trading or similar transactions. (2) Charges to be deducted from proceeds in determining Net Smelter Returns (a) all costs, charges and expenses paid or incurred by Lessee for treatment in the smelting and refining processes (including handling, processing, interest and provisional settlement fees, sampling, assaying and representation costs, penalties and other processor deductions);

  • Product Pricing Contract Prices are the sum of annual Base Prices and Quarterly fuel surcharges, as detailed below. Pricing for shipments each month should be based on the Contract Prices for the most recent quarter.

  • Net Sales The term “

  • ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the State harmless from loss on account thereof, except that the State shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, The Contractor shall be responsible for such loss unless he promptly gives such information to the Architect.

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

  • 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.

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