ROYALTIES PAYABLE. 11.1 Save as otherwise provided herein, the Producer shall pay to the Society or (where the Society so directs) to the Society’s member in relation to each Disc which reproduces one or more Musical Work(s) in the Society’s repertoire a royalty of 8.5% of the Published Dealer Price applicable to the relevant Disc on the day of the Shipment of the Disc from the Warehouse.
11.2 Where the Producer has not published a Published Dealer Price in relation to the relevant Disc, but the Producer has published a fixed or suggested retail price in relation thereto, the royalty shall be calculated at a rate of 6.5% of the fixed or suggested retail price applicable to the relevant Disc on the day of Shipment of the Disc from the Warehouse.
11.3 If the Producer is unable to show at the time the royalty is due that there was in force on the Shipment date a Published Dealer Price or fixed or suggested retail price (as the case may be) applicable to such Disc, the royalty shall be fixed by the Society on the basis of the price most generally used by other record producers in the United Kingdom for a comparable type of Disc.
11.4 This clause applies to sales to record clubs. No royalty shall accrue in relation to a Disc which is supplied by the Producer to a record club if the royalty will be paid by the record club pursuant to an agreement between the Society or any Associated Society and that record club provided that where the record club is not paying the royalties due there under the relevant Society is entitled on written notice to require that the Producer cease to supply such Discs until such royalties have been paid.
11.5 Where Discs are supplied by the Producer direct to HM Forces such sales shall be deemed to have been made in the United Kingdom.
ROYALTIES PAYABLE. 11.1 Save as otherwise provided herein, the royalties payable in relation to each order of Discs shall be 8.5% of the Published Dealer Price which will be applicable to the relevant Discs on the date of first distribution thereof, applied to the number of Discs the subject of that order.
ROYALTIES PAYABLE. 7.1 Save as otherwise provided herein, the Producer shall pay to the Society in relation to each Disc which is licensed under this Agreement, the royalties set out in this clause. Subject to sub- clauses 7.6 and 7.7 the appropriate royalty shall be applied to the Published Dealer Price applicable to the relevant Disc on the day of the Shipment of the Disc from the Warehouse.
7.2 In this clause and for the purposes of this Agreement generally, the following terms shall have the following meanings:
ROYALTIES PAYABLE. 7.1. Save as otherwise provided herein, the Producer shall pay to the Society in relation to each Karaoke Product, the royalties set out in this clause. Subject to sub-clauses 7.3, 7.4 and 7.5, the appropriate royalty shall be applied to the Published Dealer Price applicable to the relevant Karaoke Product in the relevant Quarter on the day of the Shipment of the Karaoke Product from the Warehouse.
ROYALTIES PAYABLE. 8.10.1 For each Licensed Product, in partial consideration for the licenses and other rights granted to Jazz and its Affiliates herein, and subject to the terms and conditions of this Agreement, during the applicable Royalty Term for each country in the Territory, excluding the Shared Territory if Codiak has exercised its Development and Commercialization Option, Jazz will pay royalties to Codiak on Net Sales in the Territory by Jazz, its Affiliates or its Sublicensees on a Licensed Product-by-Licensed Product basis as follows: For the portion of Net Sales of such Licensed Product in all Indications in any given Calendar Year less than or equal [***] [***] For the portion of Net Sales of such Licensed Product in all Indications in any given Calendar Year greater than [***] and less than or equal to [***] [***] For the portion of Net Sales of such Licensed Product in all Indications in any given Calendar Year greater than [***] and less than or equal to [***] [***] For the portion of Net Sales of such Licensed Product in all Indications in any given Calendar Year greater than [***] [***] The obligation to pay royalties applies only once with respect to the same unit of Licensed Product sold by Jazz, its Affiliate or Sublicensee.
ROYALTIES PAYABLE. 5.6.1 In consideration for the Development and Commercialization License granted to Sanofi herein, and subject to the terms and conditions of this Agreement, during the applicable Royalty Term, on a Licensed Product-by-Licensed Product and country-by-country basis, subject to Section 5.15, Sanofi will pay to Ablynx non-refundable (except in case of material error) royalties on the annual Net Sales of such Licensed Product at the rates set forth below:
ROYALTIES PAYABLE. Xxxxxxx shall pay ACI royalties on aggregate Net Sales of all Products in each Calendar Year in the Territory at the royalty rates set out below. The period in which royalties are payable for a Product commences with the First Commercial Sale of the Product in a country and ends, with respect to that Product in that country upon the later to occur of (i) ten years from First Commercial Sale of the Product in that country or (ii) expiration of the last-to-expire Valid Claim of the ACI Patent Rights, Xxxxxxx Patent Rights as set out in clause b of the definition (and not those set out in clause a) or Joint Patent Rights in that country that but for the licenses granted herein, would be infringed by the making, using, selling, offering for sale, keeping or importing of such Product or (iii) expiration of regulatory or data exclusivity granted by a Regulatory Authority that prevents a Third Party from obtaining an approval to sell a Biosimilar Product having a Peptide for a use similar to a Product in that country. [*****] [*****] [*****] [*****] [*****] [*****]
ROYALTIES PAYABLE. 7.1. Save as otherwise provided herein, the Producer shall pay to the Society in relation to each Product, the royalties set out in this clause. Subject to sub- clauses 7.3, 7.4 and 7.5, the appropriate royalty shall be applied to the Published Dealer Price applicable to the relevant Product on the day of the Shipment of the Product from the Warehouse.
ROYALTIES PAYABLE. As partial consideration for the rights granted by CytomX to Moderna pursuant to the terms of this Agreement, for access to the CytomX Platform Technology and CytomX undertaking its responsibilities under this Agreement, subject to the provisions of this Section 7.5 (Royalties), Moderna shall pay to CytomX, on a Licensed Product-by-Licensed Product and country-by-country basis, royalties on quarterly Net Sales of Licensed Products during the applicable Royalty Term, calculated as set forth in Section 7.5.3 (Royalty Rates). Royalties will be payable on a Calendar Quarter-by-Calendar Quarter basis and any such payments shall be made within [***] after the end of the Calendar Quarter during which the applicable Net Sales of Licensed Products occurred.
ROYALTIES PAYABLE. For each Product which VEL sells, leases or “Otherwise Transfers” (as defined in Section 7.1.2 below) to a third party, VEL shall pay to Corning [*REDACTED*] percent ([*REDACTED*]%)of the Actual Net Sales Price (as defined below). In the event (1) VEL exercises its rights to obtain Dye from a third party supplier under Section 4.5 due to Corning’s inability to Supply Dye and (2) the price to purchase the Dye from said third party supplier exceeds the prices set forth in Exhibit B, then VEL shall have the right to subtract this price differential from the [*REDACTED*] percent ([*REDACTED*]%) royalty otherwise payable to Corning up to and including a price differential that amounts to the entire [*REDACTED*] percent ([*REDACTED*]%) royalty relating to the Products manufactured using the third party supplier’s Dyes. In the event that the dye is purchased from the third party supplier at a lower price than the prices set forth in Exhibit B, then VEL shall add the difference to the royalty payments relating to the Products manufactured using the third party supplier’s Dyes.
