Royalty Amounts Clause Samples

Royalty Amounts. During the Royalty Term for each Sole Development Product commercialized by the Developing Party under ARTICLE VI, the Developing Party will pay the Discontinuing Party a royalty on Net Sales of such Sole Development Product (except to the extent otherwise provided under Section 7.5(b)) at the following rates: (i) if, as of the date the Opt-Out Notice is delivered, the first patient has not yet been enrolled in a Phase II Study of such Sole Development Product, such royalty shall be [*] percent ([*%]) with respect to Net Sales of Sole Development Products for which Angiotech is the Developing Party, and no royalty with respect to Net Sales of Sole Development Products for which Athersys is the Developing Party; (ii) if, as of the date the Opt-Out Notice is delivered, the first patient has been enrolled in a Phase II Study of such Sole Development Product Table of Contents but the first patient has not yet been enrolled in a Phase III Study of such Sole Development Product, such royalty shall be [*] percent ([*%]) with respect to Net Sales of Sole Development Products for which Angiotech is the Developing Party, and [*] percent ([*%]) with respect to Net Sales of Sole Development Products for which Athersys is the Developing Party; and (iii) if, as of the date the Opt-Out Notice is delivered, the first patient has been enrolled in a Phase III Study for such Sole Development Product and thereafter, such royalty shall be [*] percent ([*%]) with respect to Net Sales of Sole Development Products regardless of which Party is the Developing Party; provided, however, that if it is unclear whether a clinical trial is in a particular phase, the actual phase of such clinical trial shall be determined by reference to the next following clinical trial for such Sole Development Product (e.g., a Phase I/II clinical trial would be considered a Phase II Study if, following completion of such trial, the Developing Party commences a Phase III Study of such Sole Development Product). If (xi) Angiotech is the Discontinuing Party and has elected to decline payment of the Phase I Milestone Fee pursuant to Section 2.4(b), and (xii) Athersys has elected to receive a greater share of Profits pursuant to Section 2.4(b)(ii), then the royalty rate payable to Angiotech pursuant to clause (ii) above shall be [*] percent [*%] and the royalty rate payable to Angiotech pursuant to clause (iii) above shall be [*] percent [*%]. The royalties payable pursuant to this Section 7.5(a) shall not ...

Royalty Amounts. Subject to Section 4.2(a), during the Royalty Period, Licensee shall pay to Licensor, within forty-five (45) days following each calendar quarter in a year beginning April 1 and ending March 31 (a “Contract Year”) or portion thereof during the Term, the following royalty fee (“Royalty Fee”): Less than Ten Million Dollars ($10,000,000) Zero percent (0%) of Net Sales Between Ten Million Dollars ($10,000,000) and Twenty Million Dollars ($20,000,000) Seven percent (7%) of Net Sales More than Twenty Million Dollars ($20,000,000) Ten percent (10%) of Net Sales A Royalty Fee calculation example is attached hereto as Exhibit D.

Royalty Amounts. Sublicensee shall pay to Sublicensor earned royalties as follows: (i) a royalty of *** of the first *** of Net Sales for each calendar year under this Agreement; (ii) a royalty of *** of Net Sales over *** for each calendar year under this Agreement; (iii) a royalty of *** of Net Sales over *** for each calendar year under this Agreement; and (iv) a royalty of *** of Net Sales over *** for each calendar year under this Agreement. The above-listed royalty rates shall be increased to *** respectively, upon issuance of a valid United States patent based on and having substantially the same claims as presently pending United States Patent Application Serial No. 07/397707, and such increased royalty rates shall be applicable to royalty payments which accrue on or after the issue date of such patent. Royalty payments shall accrue under this Agreement when Transgenic Products or Transgenic Contract Services are sold or leased by Sublicensee (and/or any Affiliates of Sublicensee) to a third party, or, if Transgenic Products or Transgenic Contract Services are not sold or leased but are the subject of a sublicense or other such agreement between Sublicensee (and/or any Affiliates of Sublicensee) and a third party, when any royalties or other such revenues are received by Sublicensee or any of its Affiliates for such products.

Royalty Amounts. In consideration of the license .granted herein and for the Term of this License Agreement, Licensee will pay to uOttawa; in the manner designated in this. License Agreement; as earned royalty, the amounts set out -in Schedule “B”. Licensee will pay any royalties due and payable on Net Sales-and. Sublicensing Revenue within 60 days after Royalty Due Date for the twelve month period immediately ending on the applicable Royalty Due Date. All amounts due to uOttawa under this License Agreement are in Canadian dollars and are to be paid. in Canadian dollars. With respect to sales of Licensed Products invoiced in a currency other than Canadian dollars, the ‘Net Sales and royalties and other payments payable hereunder shall be expressed in the domestic currency of the party making the sale together with the Canadian dollar equivalent of the royalty payable, and such exchange shall be determined based on, the average of the Canadian dollar equivalent exchange rate as reported in the United States Federal Reserve Statistical Release: Foreign Exchange Rates, available on-line at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/releases/ for the first and last business day for the calendar quarter in which the transaction occurs.

Royalty Amounts. In consideration of the license grants provided under the Agreement and this Amendment, Sandia shall pay to Xerox in US dollars two million one hundred thousand dollars ($2,100,000) as set forth in the payment schedule below: December 15, 1997 $700,000.00 + interest December 15, 1998 $700,000.00 + interest December 15, 1999 $700,000.00 + interest

Royalty Amounts. Licensee will pay Akebia nonrefundable and noncreditable royalties based on Net Sales of Licensed Products during the Royalty Term in the Territory at the applicable incremental royalty rates set forth (a) in Table 9.3.1(a) for Net Sales of Licensed Product in countries in Sub-Territory A, (b) in Table 9.3.1(b) for Net Sales of Licensed Product in countries in Sub-Territory B, and (c) in Table 9.3.1(c) for Net Sales of Licensed Product in countries in Sub-Territory C. Net Sales for [***] in each of Sub-Territory A and Sub-Territory B will, in each case, be [***] for purposes of calculating the applicable royalty tier for Net Sales in each such sub-territory. Net Sales for [***] in Sub-Territory C, however, will be [***], and the royalty tier payable on Net Sales in [***] in Sub-Territory C will be calculated based on Net Sales in [***]. Table 9.3.1(a) – Royalty Rates: Sub-Territory A Table 9.3.1(b) – Royalty Rates: Sub-Territory B Table 9.3.1(c) – Royalty Rates: Sub-Territory C For example, if there is $[***] in [***] annual Net Sales in Sub-Territory A in a given calendar year, after conversion to U.S. Dollars of the Net Sales in each country in the Territory, then Licensee would owe a royalty of ($[***] x [***]%) + ($[***] x [***]%) + ($[***] x [***]%) + ($[***] x [***]%) + ($[***] x [***]%) = $[***].

Royalty Amounts. Under any royalty-bearing license granted pursuant to Section 4.1 to Pirelli, Pirelli's Affiliates, or Pirelli joint ventures authorized by Section 4.5, Pirelli will pay ASC royalties with respect to Products (other than Control Cables or Power Cables) used or sold by or on behalf of the relevant licensee, provided however that no royalty shall be payable in relation to the use or sale of such Products purchased from ASC or ASC Affiliates. The royalties shall be paid in an amount including (a) the aggregate royalties payable by ASC to third parties with respect to the exercise by or on behalf of the licensee of any rights sublicensed to the relevant licensee hereunder (such payments required by any existing agreements of ASC to be disclosed within ninety (90) days after the date of this 42 CONFIDENTIAL MATERIALS OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. Agreement and any payments required by future agreements of ASC to be disclosed promptly after the execution of such agreements, subject to the provisions of Section 2.16) and (b) a royalty with respect to Products (other than Control Cables or Power Cables) used or sold by or on behalf of the relevant licensee calculated from the net sales price of Products (other than Control Cables or Power Cables) at a rate of **** of the net sales price for Products (other than Control Cables or Power Cables) sold by or on behalf of the licensee up to US $10,000,000 (ten million US dollars) in any year, and **** of the net sales price for any excess over US $10,000,000 (ten million US dollars) in Product (other than Control Cables or Power Cables) sales in any year. The net sales price for any sale to a party which is neither Pirelli nor a Pirelli Affiliate shall be defined as the gross sales price less (i) normal sales discounts (ii) allowances for defective products, (iii) freight, (iv) insurance, (v) packing, (vi) commissions, and (vii) any value added or other taxes levied on the manufacture or the sale. The net sales price for any sale to Pirelli or a Pirelli Affiliate shall be defined as the net sales price for the most recent sale to a party which is neither Pirelli nor a Pirelli Affiliate involving similar types and quantities of Products (other than Control Cables or Power Cables). In the event that a net sales price cannot be established in this manner, the applicable net sales price will be CONFIDENTIAL MATERIALS OMITTED AND FILED SEPARATELY WI...

Royalty Amounts. Diomed hereby agrees to pay to HRI at the address specified by QLT from time-to-time on behalf of QLT (with a statement setting out such payments delivered to QLT simultaneously with such payments to HRI) a royalty of: (a) 5% of the Net Sales of all Royalty Based Products wherever sold for use in therapeutic treatment of cancer; (b) 5% of the Net Sales of all Royalty Based Products wherever sold for use in detection of cancer; provided that, to the extent applicable to sublicensees of QLT, such royalty may be reduced in accordance with subsection 5.1(b) of the HRI Agreement in a given year by 70% of additional royalties paid by Diomed to others during that year in order to sell such Royalty Based Product for use in detection of cancer, up to a maximum reduction of 3%, and any excess over such 3% may not be deducted in any subsequent year; and (c) 2% of the Net Sales of all Royalty Based Products wherever sold for uses other than as set forth in subparagraphs (a) and (b) above.

Royalty Amounts. Subject to the terms and conditions of this Agreement, in consideration of the rights and licenses granted herein, the Licensee shall pay to the Licensor a royalty equal to [**Confidential Treatment Requested] percent ([**Confidential Treatment Requested]%) of Gross Sales (collectively, the “Royalty”).