Royalties and Reports. A. LICENSEE shall pay LICENSOR royalties at the rate of [***]
B. [***] CONFIDENTIAL INFORMATION HAS BEEN OMITTED PURSUANT TO RULE 406 UNDER THE SECURITIES ACT AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. THE LOCATIONS OF THE OMITTED INFORMATION HAVE BEEN INDICATED WITH ASTERISKS.
C. LICENSEE agrees to make written reports to LICENSOR quarterly within thirty (30) days after the first days of each January, April, July, and October during the term of this Agreement, and effective as of such dates, stating in each such report the description and aggregate net selling prices of PRODUCTS, PRE-COMMERCIAL UNITS, and SERVICES sold or otherwise disposed of or performed during the preceding three (3) calendar months and upon which royalties are payable hereunder. The first such report shall include all such PRODUCTS, PRE- COMMERCIAL UNITS, and SERVICES sold or otherwise disposed of or performed between the effective date of this Agreement and the date of such first report. LICENSEE also agrees to make a written report to LICENSOR within thirty (30) days after any expiration or termination of this Agreement, stating in such report the description and aggregate net selling prices of PRODUCTS, PRE- COMMERCIAL UNITS, and SERVICES sold or otherwise disposed of or performed and upon which royalties are payable hereunder, but which have not been previously reported to LICENSOR.
D. Concurrently with the making of each report pursuant to Paragraph VI.C. hereof, LICENSEE shall pay to LICENSOR royalties at the rate specified by Paragraph VI.A. hereof on all PRODUCTS, PRE-COMMERCIAL UNITS, and SERVICES included therein. All payments to be made under this Agreement shall be made in the City of New York, State of New York, U.S.A. in United States Dollars by electronic transfer to an account designated by LICENSOR. Where the provisions of this Agreement require the conversion into United States Dollars of an amount initially computed in the currency of another country, the amount of United States Dollars payable under this Agreement shall be determined on the basis of the applicable exchange rate quoted by The Wall Street Journal, Eastern Edition, most recently prior to the date each such payment is made or due, whichever is earlier. If no exchange rate is quoted for any period, LICENSOR shall determine the rate in accordance with an alternative LICENSOR deems reasonable.
E. LICENSEE shall keep records, in sufficient detail to enable the royalties paya...
Royalties and Reports. A. LICENSEE shall pay LICENSOR royalties at the rate of [***] of the net selling price of PRODUCTS, PRE-COMMERCIAL UNITS, and SERVICES sold or otherwise disposed of or performed by LICENSEE under one or more of the LICENSEE MARKS.
B. The term "net selling price" for the purpose of computing royalties means LICENSEE's gross invoice price for such PRODUCTS, PRE-COMMERCIAL UNITS, or SERVICES, less deduction, to the extent included in the gross invoice price, of regular trade and quantity discounts, insurance, shipping, sales taxes and return credits. PRODUCTS, PRE-COMMERCIAL UNITS, and SERVICES shall be considered to be sold when billed, except that upon any termination or expiration of this Agreement, all SERVICES performed, and all shipments of PRODUCTS and PRE-COMMERICAL UNITS made, on or prior to the date of such expiration or termination which have not been billed prior thereto shall be considered to have been sold (and therefore subject to royalty). Where PRODUCTS, PRE-COMMERCIAL UNITS, or SERVICES are not sold, but are otherwise disposed of or performed, the net selling price of such PRODUCTS, PRE-COMMERICAL UNITS, or SERVICES shall be the net selling price of products or services of like kind and quality being offered for sale by LICENSEE or, in the event that LICENSEE is not offering such similar products or services, the net selling price that would reasonably be anticipated by LICENSOR in the event that such PRODUCTS, PRE-COMMERCIAL UNITS, or SERVICES were being offered by LICENSEE. The term "otherwise disposed of or performed" as used herein shall refer to (i) PRODUCTS or PRE-COMMERCIAL UNITS put into use by LICENSEE for any purpose other than routine testing, (ii) PRODUCTS, PRE-COMMERCIAL UNITS, and SERVICES not sold but otherwise delivered to, or performed for, others regardless of the basis of compensation, if any, and (iii) PRODUCTS, PRE-COMMERCIAL UNITS, and SERVICES sold to others for compensation which is less than the compensation which be paid by a willing unaffiliated buyer to a willing unaffiliated seller in an arm's length transaction. In order to assure to LICENSOR the full royalty payments contemplated in this Agreement, LICENSEE agrees that, in the event that any PRODUCTS, PRE-COMMERCIAL UNITS, or SERVICES for which royalties are payable shall be sold for resale to a party that is affiliated with LICENSEE (or to and through a series of such affiliated parties), the royalties to be paid with respect to such PRODUCTS, PRE-COMMERCIAL U...
Royalties and Reports a. ID Perfumes shall pay royalties equal to *** of Wholesale Net Sales (the "Royalties ") on a quarterly basis within Thirty (30) days following the close of each calendar quarter in which there are any sales of Product s. With respect to the Artist, who is currently a minor (the "Minor"), ID Perfumes is hereby authorized and directed to deduct, until advised in writing by Licensor, fifteen percent (15%) of all gross earnings due and payable to the Licensor under this Agreement, and ID Perfumes shall deposit said fifteen percent ( 15%) into the Minor's Xxxxxx Trust Account at City National Bank , 000 X. Xxxxxxx Xxxxx, Xxxxxxx Xxxxx XX 00000, established and maintained for the benefit of said Minor in the State of California in accordance with California Family Code Section 6753. The Minor , and those acting on her behalf, hereby represent to ID Perfumes that said Xxxxxx Trust Account names the Minor's parent(s) or legal guardian(s) as trustee(s) for the benefit of the Minor in accordance with the laws of the State of California. Licensor hereby authorizes and directs ID Perfumes to make all remaining payments payable to: Licensor's Mailing Address: Licensor 's Name: Xxxxxxx Xxxxxx Inc. 00000 Xxxxxxx Xxxx. Xxxxx 000, Xxxxxxxx Xxxxx, XX 00000 Address Associated with Licensor's Account: 00000 Xxxxxxx Xxxx. Xxxxx 000, Xxxxxxxx Xxxxx, XX 00000 City National Bank 000 X Xxxxxxx Xxxxx, Xxxxxxx Xxxxx, XX 00000 Account # : *** ABA # **** All Royalties due Licensor hereunder shall be computed and paid in accordance with the Agreement herein and GAAP "generally accepting accounting principles."Each Royalty payment shall be accompanied by a complete, accurate and detailed statement broken down by country, if applicable, setting forth the quantity and the gross sale price of each of the Products sold (including sales for export) during the preceding calendar quarter and the computation of royalties due Licensor pursuant to this Agreement. Such statement shall be accompanied by payment of all Royalties due to Licensor in respect of each applicable sales. Licensee shall pay interest on late Royalty payments at seven percent (7%) per annum computed 30 days from the original due date until paid. Acceptance by Licensor of such payment and statement for any quarter shall not preclude Licensor from questioning their accuracy at any time during the Term or for two (2) years after the expiration of the Term. Each such Royalty statement shall be certified by an officer of License...
Royalties and Reports. 11 ARTICLE V
Royalties and Reports. 4.1 In consideration of the license rights granted to LICENSEE by UNIVERSITY hereunder, LICENSEE shall pay to UNIVERSITY annual royalties for each Calendar Year on Net Sales of Licensed Product(s) by LICENSEE, its Affiliates and Sublicensees in the Territory. Such royalty shall be payable based upon the
Royalties and Reports. Adrenalina shall pay royalties equal to (***) percent Wholesale Net Sales (the "Royalties") directly to Licensor, c/o Creative Artists Agency, 0000 Xxxxxx xx xxx Xxxxx, Xxx Xxxxxxx, XX 00000, Attn.: (***), on a quarterly basis within Thirty (30) days following the close of each calendar quarter. These royalty payments shall include a pro-rata portion of the Guaranteed Minimum Royalties, as set forth in Section 7 below. Each Royalty payment shall be accompanied by a complete, accurate and detailed statement broken down by country, if applicable, setting forth the quantity and the gross sale price of each of the Products sold (including sales for export) during the preceding calendar quarter and the computation of Royalties due Licensor pursuant to this Agreement. Such statement shall be accompanied by payment of all Royalties due to Licensor in respect of each applicable sale. Licensee shall pay interest on late Royalty payments at seven percent (7%) per annum computed from the original due date until paid. Acceptance by Licensor of such payment and statement for any quarter shall not preclude Licensor from questioning their accuracy at any time during the Term or for three (3) years after the expiration of the Term. Each such Royalty statement shall be certified by an officer of Licensee as being true and accurate. Royalties shall be paid in United States Dollars, unless otherwise agreed to in writing by the parties.
Royalties and Reports. 4.1 Royalties. CCI shall pay to EchoCath a royalty in an amount equal to five and one-half percent (5.5%) of Net Sales of any and all Products which use EchoCath's licensed technologies manufactured by CCI and sold to third parties in a given Quarter. CCI shall pay EchoCath one-third (1/3) of any royalties received by CCI on account of any sublicenses granted hereunder by CCI. As used herein, "Net Sales" shall mean gross invoice price less expenses attributable to transportation, insurance or other similar out-of-pocket expenses paid to third parties in connection with shipment and delivery of the Products, and, less sales tax, import duties and other taxes not related to the net income of CCI. In the event that the Products are sold in kit form in combination with other products, Net Sales of such kitted Products shall be determined by adding the list prices of all products in the kit and dividing same by the sales price of the kit. The resulting percentage discount shall be applied against the average selling price of the Products to determine their Net Sales price. Royalties paid shall be on only the pro rata share of the kit price which the product that uses the technologies is part of.
Royalties and Reports. 4.1 Ackeeox shall pay Oxtails a royalty equal to three percent (3%) of Ackeeox's Net Revenues (as defined below) derived from sales generated by Additional Retail Stores. As used herein, "Net Revenues" shall mean the gross revenues from sales generated by Additional Retail Stores less any discounts, co-op advertising costs, sales commissions, freight, insurance and other shipping charges, but only to the extent that such discounts, shipping charges or returns are separately invoiced and/or actually credited to any customers' accounts. Under no circumstances shall any returns experienced by Ackeeox require a net repayment by Oxtails to Ackeeox.
Royalties and Reports. 21
4.1 Research Program Funding.......................................................... 21 4.2
Royalties and Reports. 4.1 Licensee shall pay to PictureTel the license fees and/or royalties as specified on Exhibit A, for Licensed Product made, used, or sold, leased, licensed or otherwise disposed of by or on behalf of Licensee which contains a copy of all or part the Software net of any returns. The Licensed Initiation Fee and Minimum Annual Royalty shall be paid to PictureTel upon execution of this Agreement.
4.2 Within 30 days following the end of each calendar quarter, Licensee shall pay and report to PictureTel the number of Licensed Products distributed during such quarter less any returns during the applicable quarter. A check for the amount of aggregate royalties owed shall accompany the report. Any amount not paid when due will be subject to a charge of 11/2% per month, or the maximum rate allowed by law, whichever is less, on the overdue balance until paid. Reports shall be sent to: PictureTel Technology Corp., 000 Xxxxxxxxx Xxxx, Xxxxxxx, XX 00000, Attn: Vice President, Strategic Initiatives. Payment shall be sent to the address specified in Exhibit A.
4.3 Licensee's royalty payments are payable in full to PictureTel without deduction and are net of taxes (including any withholding tax) and customs duties. In addition to royalty payments, Licensee shall be responsible for the payment of all taxes on the sale of Licensed Products and on the payment of royalties to PictureTel, if any (including without limitation, sales withholding, value-added and similar taxes), except for taxes based on PictureTel's net income. Licensee agrees to pay such taxes, unless Licensee has presented PictureTel with a valid certificate which exempts Licensee from such tax payment.
4.4 Licensee shall be responsible, at its own expense, for obtaining all necessary import and export permits and certificates and for the payment of any and all taxes and duties imposed on the delivery of the Software and Licensed Products.
4.5 Licensee shall keep accurate records of all operations affecting royalty payments hereunder, and shall permit an independent public accountant designated by PictureTel, upon reasonable notice at a frequency not to exceed once per calendar year, to inspect all such records and to make copies or extracts from such records throughout the term of this Agreement and for a period of two years thereafter. PictureTel acknowledges that such records constitute confidential information of Licensee and access to, and copying of, such records shall be subject to obligations of confid...
