ROYALTIES ON SALES BY CBM IN ACUTE RENAL FAILURE Sample Clauses

ROYALTIES ON SALES BY CBM IN ACUTE RENAL FAILURE. In consideration of the voluntary termination of rights by Biogen in acute renal failure and the contribution Biogen has made to development of the OP-1 PROTEIN in such indication, CBM agrees to pay to Biogen a royalty equal to [XXXXX] of NET SALES by CBM, its AFFILIATES and SUBLICENSEES (with all references to BIOGEN in the definition of NET SALES changed for this purpose to be references to CBM) of any product which is or includes the soluble form of the OP-1 PROTEIN indicated for use in acute forms of renal failure, renal disease and renal disorder (the "Acute Product"), provided that the royalty to be paid by CBM to Biogen on sales of the Acute Product by SUBLICENSEES will not exceed [XXXXX] of the net royalty income received by CBM on such sales after all other required CBM royalty obligations with respect to such sale have been satisfied. The royalty payable by CBM under the preceding sentence with respect to sales of the Acute Product will be paid, on a country by country basis, for the longer of (i) the life of any CBM PATENT RIGHTS covering such product in the country where sold or (ii) until the date which is the [XXXXX] anniversary of the date of approval of the Acute Product by the United States Food and Drug Administration. No royalty will be due or payable by CBM on sales of the mature form of the OP-1 PROTEIN in acute renal failure or in any other acute indication. CBM will make payments, report royalties, maintain records and permit audits for royalties due on sales of the Acute Product in the same manner as set forth for Biogen in Sections 10.5, 10.6 and 10.7 of the License Agreement.
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