Common use of Royalties Payable by SURMODICS Clause in Contracts

Royalties Payable by SURMODICS. In return for the license granted under Paragraph 8(f)(ii), SURMODICS will pay CABG a total of *** percent (*%) of the royalties (regardless of the number of CABG/SURMODICS Technology Patent Claims that are licensed to SURMODICS or the number of licenses involved) that SURMODICS receives from its sublicensees based on sales by its sublicensees of products that but for such sublicenses would infringe any CABG/SURMODICS Technology Patent Claim. Notwithstanding the above, if SURMODICS or a SURMODICS licensee had substantial knowledge of the invention of a CABG/SURMODICS Technology Patent Claim as of the date of conception of the invention, or the application for the CABG/SURMODICS Technology Patent is filed containing SURMODICS’ Confidential Information, then the license granted to SURMODICS for such CABG/SURMODICS Technology Patent Claim shall be considered paid-up.

Royalties Payable by SURMODICS. In return for the license granted under Paragraph 8(f)(ii), SURMODICS will pay CABG DEVAX a total of *** five percent (*5%) of the royalties (regardless of the number of CABGDEVAX/SURMODICS Technology Patent Claims that are licensed to SURMODICS or the number of licenses involved) that SURMODICS receives from its sublicensees based on sales by its sublicensees of products that but for such sublicenses would infringe any CABGDEVAX/SURMODICS Technology Patent Claim. Notwithstanding the above, if SURMODICS or a SURMODICS SURMODICS’ licensee had substantial knowledge of the invention of a CABGDEVAX/SURMODICS Technology Patent Claim as of the date of conception of the invention, or the application for the CABGDEVAX/SURMODICS Technology Patent is filed containing SURMODICS’ Confidential Information, then the license granted to SURMODICS for such CABGDEVAX/SURMODICS Technology Patent Claim shall be considered paid-up.

Royalties Payable by SURMODICS. In return for the license granted under Paragraph 8(f)(ii), SURMODICS will pay CABG CARDIMA a total of *** five percent (*5%) of the royalties (regardless of the number of CABGCARDIMA/SURMODICS Technology Patent Claims that are licensed to SURMODICS or the number of licenses involved) ), that SURMODICS receives from its sublicensees based on sales by its sublicensees of products that but for such sublicenses would infringe any CABGCARDIMA/SURMODICS Technology Patent Claim. Notwithstanding the above, if SURMODICS or a SURMODICS licensee had substantial knowledge of the invention of a CABGCARDIMA/SURMODICS Technology Patent Claim as of the date of conception of the invention, or the application for the CABGCARDIMA/SURMODICS Technology Patent is filed containing SURMODICS’ ' Confidential Information, then the license granted to SURMODICS for such CABGCARDIMA/SURMODICS Technology Patent Claim shall be considered paid-up.