Royalties on Sales Sample Clauses

Royalties on Sales. In addition to the payments referred to in Section 10.2, UCB shall make the following quarterly royalty payments to Dermira within [*] Business Days after the end of each Calendar Quarter during the Term, and shall provide Dermira with such information as needed for Dermira to meet its audit or financial reporting obligations in a timely manner. The amount of each such payment shall, subject to Section 10.6, be calculated as an amount equal to the applicable percentage of Gross Margin. UCB shall accompany each such payment with a statement setting forth the calculation for such payment, including the amount of Extended Unit Sales, WAC, deductions included in the definition of Net Sales, Royalty Bearing Sales and deductions from Royalty Bearing Sales included in the definition of Gross Margin. The applicable percentage of Gross Margin shall be determined as follows: The portion of Annual Net Sales on or after the Trigger Date of up to US$[*] in a given Calendar Year [*] The portion of Annual Net Sales on or after the Trigger Date in a given Calendar Year over US$[*] and up to US$150,000,000 [*] The portion of Annual Net Sales on or after the Trigger Date in a given Calendar Year of over US$150,000,000 50
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Royalties on Sales. KRONOGEN SCIENCES will pay to Giampapa royalties as follows: (i) KRONOGEN SCIENCES shall pay Giampapa a royalty of 6% of the Net Sales Price of Units sold by KRONOGEN SCIENCES that are developed by Giampapa for KRONOGEN SCIENCES ("Royalties"). (ii) Royalties shall be due and payable to Giampapa based on each Unit actually sold by KRONOGEN SCIENCES, less any returns and allowances. No Royalty will be due and payable on any Units shipped as promotional product where KRONOGEN SCIENCES does not receive any payment; KRONOGEN SCIENCES will endeavor to use good business judgment in regard to these Units, it being acknowledged that the parties' intention in connection therewith is to generate additional sales of Units and/or goodwill. (iii) Royalties due and payable hereunder shall be paid on a quarterly basis within 45 days after the close of each calendar quarter and, shall be accompanied by a written statement setting forth sales information in respect of Units sold during such quarter. (iv) Giampapa or his authorized certified public accountant shall have the right to examine the books, accounts and records of KRONOGEN SCIENCES, from time to time up to two times per year, at mutually agreed upon times and dates, to ensure that the Royalty statements are complete, current and accurate in all material respects and that any Royalties due hereunder have been paid to Giampapa as required by this License Agreement.
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Royalties on Sales. The LICENSEE shall pay to SKYC for the Licensed Rights a royalty equal to five percent (5%) of LICENSEE's net sales, as defined in Section
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Royalties on Sales. Biovail shall pay to the Licensors or to their assigns, in accordance with the provisions of paragraph 8.10 below, a royalty in the amount of {***}† of the Net Sales of each Royalty Bearing Product in the Territory as well as of any material value or reduction that Biovail may obtain from the purchasers of the Product in compensation for the Product and of any payment or settlement for disputes with third parties over the use or purchase of the Product.
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Royalties on Sales. 4.7.1 As an offset for the costs incurred by FBFC during the 5 year development of the PRODUCTS, ORTHOVITA shall pay FBFC running royalties on the SALES as from the earlier of : (i) the date of delivery on a cumulative basis of 1.000 doses of 0.75 gram of BIOACTIVE GLASS GRANULES pursuant to Article 2.4.; and (ii) the expiration date of the period referred to in Article 2.
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Royalties on Sales. In consideration of the right granted by SANOFI-AVENTIS to IDM to market IL-13 Products and IL-13 Research Kits, IDM shall pay SANOFI-AVENTIS a royalty equal to [...***...] of the Net Sales volume acheived by IDM in connection with this marketing. Net Sales acheived by SANOFI-AVENTIS as an IDM licensee in application of the 2001 Agreement shall not be included in the Net Sales base. IDM shall maintain a special set of books, with the corresponding supporting documentation, including all elements necessary for calculating the amount payable by IDM to SANOFI-AVENTIS pursuant to the provisions above. SANOFI-AVENTIS may cause these books to be verified, at its simple request made with sufficient advance notice, by an independent expert chosen jointly by the Parties and, absent an agreement within fifteen (15) days of the date on which SANOFI-AVENTIS has requested the audit, by the Presiding Judge of the Lower Court of Paris on the petition of the first-acting Party. The expert shall use his best efforts to notify his findings within a period of thirty (30) days after referral of the case. The findings of this expert shall be final and without recourse. The expert’s fees and costs will be paid by SANOFI-AVENTIS except if the total amount owed by IDM to SANOFI-AVENTIS is more than five per cent (5%) greater than the amount reported by IDM, in which case these costs and fees shall be paid by IDM.”
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Royalties on Sales. Licensee shall pay to Licensor patent royalty payments of (i) ********** of the Gross Revenue for Royalty-based Licensed Products sold or leased by Licensee or any Affiliate or Sublicensee for use in non-utility vehicles during the License Period and (ii) ********** of the Gross Revenue for Royalty-based Licensed Products sold or leased by Licensee or any Affiliate or Sublicensee for use in any other application. Notwithstanding the foregoing, Licensee’s royalty payments under this Section 5.2 shall be offset by any royalty payment amount for the same Licensed Products made under the Non-Exclusive License Agreement. Such payments shall be made concurrently with the reports required pursuant to Section 6.2 and shall be directed in equal shares to USC and Caltech at their respective addresses set forth in Section 15.6, or to such other account or address as may be directed by USC or Caltech, as the case may be, in a notice pursuant to Section 15.6 sent to Licensee.
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Related to Royalties on Sales

  • AUDIT OF LICENSED PRODUCT USAGE Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, use of licensed Product at any site where a copy of the Product resides provided that: (i) Contractor gives Licensee(s) at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual agreement of the parties. Contractor shall recommend a minimum of three (3) auditing/accounting firms from which the Licensee will select one (1). In no case shall the Business Software Alliance (BSA), Software Publishers Association (SPA), Software and Industry Information Association (SIIA) or Federation Against Software Theft (FAST) be used directly or indirectly to conduct audits, or be recommended by Contractor; (iv) Contractor and Licensee are each entitled to designate a representative who shall be entitled to participate, and who shall mutually agree on audit format, and simultaneously review all information obtained by the audit. Such representatives also shall be entitled to copies of all reports, data or information obtained from the audit; and (v) if the audit shows that such party is not in compliance, Licensee shall be required to purchase additional licenses or capacities necessary to bring it into compliance and shall pay for the unlicensed capacity at the NYS Net Price in effect at time of audit, or if none, then at the Contractor’s U.S. Commercial list price. Once such additional licenses or capacities are purchased, Licensee shall be deemed to have been in compliance retroactively, and Licensee shall have no further liability of any kind for the unauthorized use of the software.

  • 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.

  • Royalty Payments (1) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate. (2) LICENSEE shall pay earned royalties quarterly on or before February 28, May 31, August 31 and November 30 of each calendar year. Each such payment shall be for earned royalties accrued within LICENSEE’s most recently completed calendar quarter. (3) Royalties earned on sales occurring or under sublicense granted pursuant to this Agreement in any country outside the United States shall not be reduced by LICENSEE for any taxes, fees, or other charges imposed by the government of such country on the payment of royalty income, except that all payments made by LICENSEE in fulfillment of UNIVERSITY’s tax liability in any particular country may be credited against earned royalties or fees due UNIVERSITY for that country. LICENSEE shall pay all bank charges resulting from the transfer of such royalty payments. (4) If at any time legal restrictions prevent the prompt remittance of part or all royalties by LICENSEE with respect to any country where a Licensed Product is sold or a sublicense is granted pursuant to this Agreement, LICENSEE shall convert the amount owed to UNIVERSITY into US currency and shall pay UNIVERSITY directly from its US sources of fund for as long as the legal restrictions apply. (5) LICENSEE shall not collect royalties from, or cause to be paid on Licensed Products sold to the account of the US Government or any agency thereof as provided for in the license to the US Government. (6) In the event that any patent or patent claim within Patent Rights is held invalid in a final decision by a patent office from which no appeal or additional patent prosecution has been or can be taken, or by a court of competent jurisdiction and last resort and from which no appeal has or can be taken, all obligation to pay royalties based solely on that patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such final decision. LICENSEE shall not, however, be relieved from paying any royalties that accrued before the date of such final decision, that are based on another patent or claim not involved in such final decision, or that are based on the use of Technology.

  • Net Sales The term “

  • 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.

  • 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.

  • Payments and Royalties 3.1 As an initial non-refundable payment for the licenses and rights herein granted to SHENZHEN HIGH POWER under this Agreement, SHENZHEN HIGH POWER shall pay to OBC the up-front fees, without subtraction or deduction of Chinese withholding taxes, if any, pursuant to the schedule set forth in Appendix II attached hereto. 3.2 In addition to the lump sum payment under Article 3.1 above, SHENZHEN HIGH POWER shall pay to OBC non-refundable running royalties, also pursuant to the schedule set forth in Appendix II hereto, of the Net Selling Price of the Licensed Consumer Hydride Batteries sold or Otherwise Disposed Of by SHENZHEN HIGH POWER and its Affiliates (either directly or through sales representatives or agents) in any country of the world during the period commencing on the Effective Date of this Agreement and ending upon the expiration of the last to expire of the Licensed Patents. 3.3 Notwithstanding that a Licensed Consumer Hydride Battery may be covered by (i) the claims of one or more of the Licensed Patents or (ii) the claims of one or more of the Licensed Patents in one or more countries throughout the world, SHENZHEN HIGH POWER, in connection with the manufacture or sale of the Licensed Consumer Hydride Batteries by SHENZHEN HIGH POWER, its successors or assigns shall be obliged to pay a single royalty hereunder and only on the first sale of such Licensed Consumer Hydride Batteries and not on any subsequent sale or resale thereof and all end-users, distributors, customers, dealers, or suppliers of SHENZHEN HIGH POWER, its successors or assigns of such Licensed Consumer Hydride Batteries shall be licensed to use and/or sell the same. 3.4 All statements submitted and all payments made pursuant to Article 3.1 and Article 3.2 herein shall be stated and made in U.S. legal tender at the selling rate of authorized foreign exchange bankers in various individual countries under the license for transfers to New York in U.S. dollars on the date on which payments are made as required hereunder.

  • Royalty Payments and Reports Payments for Coal mined and sold hereunder shall be made on a timely basis, when due and without demand by COLT, on or before the twentieth (20th) day of each month (“Payment Deadline”) for all Coal mined or produced from the Premises, shipped and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckley, WV 25801 If by wire transfer, payment shall be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended from time to time by COLT upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT from which such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all of the aforementioned items shall be made available to COLT by Lessee, at all times upon COLT’s request, for any month during the term of this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLT.

  • Contract Quarterly Sales Reports The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity.

  • Third Party Royalties (i) In the event that Amgen, its Affiliates or Sublicensee obtains a license under Patents of a Third Party in any country that Amgen or its Affiliate, on the advice of patent counsel, determines, in the absence of a license thereunder could be considered to be infringed by the manufacture, use, sale, offer for sale or import of the Compound contained in a Product sold by Amgen (or its Affiliate or Sublicensee) in such country (in each case, a “Necessary Third Party License”), then Amgen may deduct […***…]% of the royalties actually paid to such Third Party under such Necessary Third Party License with respect to sales of such Product in such country from the royalty payments owed to Xencor pursuant to Section 6.7 with respect to Net Sales of such Product in such country, provided that the royalties payable to Xencor with respect to such Product in such country may not be reduced by more than […***…]% in any calendar quarter as a result of any and all such offsets in the aggregate. (ii) In the event that Amgen, its Affiliates or Sublicensee obtains a license (other than a Necessary Third Party License) under Patents of a Third Party in any country that Amgen or its Affiliate determines are necessary or reasonably useful to Develop, make, use, sell, offer for sale or import a Compound or Product sold by Amgen (or its Affiliate or Sublicensee) in such country (in each case, a “Useful Third Party License”), then Amgen may deduct […***…]% of the […***…] actually paid to such Third Party under such Useful Third Party License with respect to sales of such Product in such country from the royalty payments owed to Xencor pursuant to Section 6.7 with respect to Net Sales of such Product in such country, provided that the royalties payable to Xencor with respect to such Product in such country may not be reduced by more than […***…]% in any calendar quarter as a result of any and all such offsets in the aggregate. (iii) For the avoidance of doubt, subject to the foregoing, it is understood that a Party shall be solely responsible for payment of any and all royalties and other amounts owed by such Party under its license or other agreements with Third Parties that were entered into prior to the Effective Date; provided, however, that Amgen shall be responsible for payment of all payments that become due after the Option Exercise Date under the Catalent Agreement (defined in Section 10.2(b)) as a result of the Development, manufacture, use, sale, offer for sale or import of any Product by or on behalf of Amgen or any of its Affiliates or Sublicensees.

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