Royalty and Payments. 6.1 In consideration of the Technical Information and the Industrial Property Rights furnished by Licensor to Licensee hereunder, Licensee shall pay to Licensor a royalty fee. Royalty fee is paid at a rate of $50.00 USD per unit. Payable and included at the time of each purchase of AirKrete Concentrates from Licensor.
6.2 Royalty shall he paid and itemized separately from the cost of imported ingredients. Licensee may withhold any government taxes on the royalty payment only, provided that this withholding amount is in accordance with provisions of the prevailing USA _____COUNTRY______ Tax Treaty and that an official ________________________ Government receipt is provided by Licensee indicating payment of the amount withheld to the ______________________ tax authorities.
6.3 Licensee agrees to pay Licensor a minimum royalty of $50.00 USD per unit, a unit consisting of 4000 board feet of expanded AirKrete® Quality Products.
6.4 Licensee agrees to pay Licensor the $50.00 USD per unit royalty for any similar expanded cementitious foam that it may use, sell, or install.
6.5 Payment of the royalty when not included in Licensee’s unit price shall be accompanied by an itemized statement, certified correct by a principal administrative or financial officer of Licensee detailing all expanded cementitious foam products installation and sales.
6.6 Upon execution of this Agreement, the Licensee shall purchase from Licensor a complete set of application equipment as recommended by Licensor.
6.7 Licensee shall purchase Expanding Agent Concentrates, Cement Additive Concentrats and equipment for AirKrete® from the Licensor at a price FOB, Licensor’s plant Weedsport, NY at its current USD per unit; prices subject to change on 30 days written notice.
6.8 The terms of purchase shall be FOB, Licensor’s plant at Weedsport, NY. Shipment of component ingredients will be made upon receipt of royalty payments per unit being shipped, less any _____YOUR Country_________ Government withholding tax; and the acceptance of a confirmed Irrevocable Letter of Credit confirmed by US bank, or bank wire transfers.
6.9 It is hereby agreed by both parties that minimum revenue to AirKrete®, Inc. during the term of this Agreement shall be ____200___ AirKrete® Inc. Units, including gross amount of royalty before ____YOUR Country____ Government withholding tax.
6.10 For the supervision and assistance by Licensor under Section 4, Licensee shall pay to Licensor a service fee upon receipt of invoice f...
Royalty and Payments. In consideration of the License granted to Licensee in Section 2.a, Licensee shall pay to Licensor each of the following royalties and payments:
Royalty and Payments. In consideration of the Technical Information and the Industrial Property Rights furnished by Licensor to Licensee hereunder, Licensee shall pay to Licensor a royalty fee. Royalty fee is at a rate of $50.00 USD per unit, payable separately at the time of each purchase of ingredients from Licensor and is currently included in the AirKrete unit price.
Royalty and Payments. Royalty Calculation and Payments 2.02 Records and Adjustments 2.03 Reports and Payments ARTICLE III - TERMINATION
Royalty and Payments. 3 ARTICLE V Statements, Reports and Payments ................................. 4
Royalty and Payments. 4.1 In initial consideration for the rights and licenses granted by Sandia in Article II, R2 agrees to pay Sandia * * * as an upfront license fee upon execution of this License Agreement.
4.2 In consideration of the rights and licenses granted by Sandia in Paragraph 2.1, R2 agrees to pay to Sandia the sum of * * * payable in eight (8) equal quarterly payments of *** commencing on July 1, 1995.
4.3 In consideration of the rights and licenses granted by Sandia in Paragraph 2.2, R2 hereby agrees to pay to Sandia a royalty fee as set forth in EXHIBIT D for each Licensed Product, made, sold, leased or transferred by R2 within the United States during the term of this License Agreement. __________ * * *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Royalty and Payments. All royalties, rental and other payments due under the Leases have been properly paid in all material respects, and all conditions necessary to keep the Leases in force and effect have been fully performed in all material respects.
Royalty and Payments. 10.1 Licensee covenants to pay to Licensor, on a monthly basis, the following percentages of the aggregate total Gross Revenue received by Licensee, directly or indirectly, from the sale of the Products commencing with the first commercial sale of any Product within the Territory (provided that no royalties shall be owing during the first year of the Term):
(a) 5% of the aggregate total Gross Revenue from the first anniversary of the Effective Date until the end of the third year of the Term;
(b) 4% of the aggregate total Gross Revenue from the third anniversary of the Effective Date until the end of the fourth year of the Term;
(c) 3% of the aggregate total Gross Revenue from the fourth anniversary of the Effective Date until the end of Initial Term; and
(d) 2% of the aggregate total Gross Revenue for any Renewal Term. (the “Royalty”).
Royalty and Payments. 2.01 ROYALTY CALCULATION AND PAYMENTS SpecTran shall make payments to LUCENT at the address specified in Section 4.03(b), as follows:
(a) In consideration for purchasing the rights to obtain the licenses granted herein, SpecTran shall pay to Lucent a total upfront fee totaling four million United States dollars (U.S. $ 4,000,000.00) to be paid as follows (A) the sum of seven hundred fifty thousand United States dollars (U.S. $ 750,000.00) within ninety (90) days after execution of this Agreement; (B) six semiannual payments each for the sum of five hundred thousand United States dollars (U.S. $500,000.00) within thirty (30) days of June 30 and December 31 beginning with the first installment date of June 30, 1999 and ending with the final $500,000.00 installment on December 31, 2001, and (C) the sum of two hundred fifty thousand United States dollars (U.S. $250,000.00) within thirty days of June 30, 2002. The parties agree that the payment obligation of Section 2.01(a) of four million United Stated dollars (U.S. $ 4,000,000.00) including the semiannual payments shall survive any termination of this Agreement by SpecTran and are not refundable or creditable to any other payments required hereunder.
(b) For the rights granted to SpecTran in each semi-annual period beginning in 2000, SpecTran shall make the following additional semi-annual royalty payments to LUCENT in United States dollars based upon a royalty that shall accrue in such semi-annual period and shall be payable on a semiannual basis within thirty days of June 30 and December 31 for the preceding semiannual period. In each instance in this Agreement, reference to SpecTran's total gross revenues includes SpecTran's and its RELATED COMPANIES' total gross revenues excluding sales to LUCENT and excluding packing costs, costs of insurance and transportation, and import, export, excise, sales and value added taxes and customs duties associated with such sales. SpecTran shall pay LUCENT the lesser of:
(i) a sum calculated at a royalty rate of [REDACTED MATERIAL FILED SEPARATELY WITH COMMISSION; CONFIDENTIAL TREATMENT GRANTED]. In addition to any other fees payable by SpecTran hereunder, SpecTran shall pay to LUCENT a royalty of [REDACTED MATERIAL FILED SEPARATELY WITH COMMISSION; CONFIDENTIAL TREATMENT GRANTED] in excess of the quantity limits specified in Section 1.04(c)(iv); or
(ii) the combined royalty of [REDACTED MATERIAL FILED SEPARATELY WITH COMMISSION; CONFIDENTIAL TREATMENT GRANTED]
(c) The pa...
Royalty and Payments. 3.1 Licensee agrees to pay Licensor a continuing royalty, throughout the term of this Agreement, equal to forty cents ($0.40) per unit ("Royalty Rate") for each Memory Module (a) made, used, sold, leased, or otherwise disposed of by Licensee or Subsidiaries of Licensee in the United States or (b) imported into the United States by or for Licensee or Subsidiaries of Licensee, if and only if such Memory Module is covered by a claim of Patents that has not been held invalid or unenforceable by a court of last resort, so long as a royalty for each such unit was not previously paid by a third party in accordance with a license or other agreement with Licensor.
3.2 To the extent that Licensee may obtain Memory Modules from a third party, which has been licensed by Licensor to (a) make, use, sell, or otherwise distribute within the United States Memory Modules falling within the scope of any claim of the Patents or to (b) import such Memory Modules into the United States, then Licensee shall have no obligation to pay to Licensor any Royalty Rate based upon Licensee's use, sale, leasing, or other distribution of those Memory Modules.
3.3 Licensee agrees to pay Licensor the sum calculated by multiplying the total number of Memory Modules (a) made, used, sold, leased, or otherwise disposed of by Licensee or Subsidiaries of Licensee in the United States or (b) imported into the United States by or for Licensee or Subsidiaries of Licensee between October 27, 1999 and the Effective Date hereof by the Royalty Rate, if and only if such Memory Module is covered by a claim of Patents that has not been held invalid or unenforceable by a court of last resort. Said sum shall be payable on or before August 30, 2000, so long as a royalty for each such Memory Module was not previously paid by a third party in accordance with a license or other agreement with Licensor.
