Royalty and Royalty Reports Sample Clauses

Royalty and Royalty Reports. SSG will pay to Equilink an annual royalty (the “Annual Royalty”) of 2% of annual gross sales (after deducting Outbound Freight, taxes, returns and sales credits) of MacGregor-branded Products that exceed, for the applicable Royalty Year, $17 million; provided, however, that once SSG’s annual sales of MacGregor-branded Products exceed $22 million, SSG is permitted to pay a reduced annual royalty of 1% on gross sales (after deducting Outbound Freight, taxes, returns and sales credits) of Closeouts of MacGregor-branded Products in those Royalty Years where SSG sells MacGregor-branded Products as Closeouts. In no event shall the 1% royalty apply to more than 10% of total annual sales (after deducting Outbound Freight, taxes, returns and sales credits) of MacGregor-branded Products in excess of $22 million. The guaranteed minimum Annual Royalty shall be One Hundred Thousand Dollars (U.S. $100,000.00) (the “Guaranteed Minimum Annual Royalty”), and the Guaranteed Minimum Annual Royalty shall be credited against the total Annual Royalty payable in any Royalty Year. The Annual Royalty shall be paid as follows: (a) Fifty Thousand Dollars (U.S. $50,000) on or before January 31 of each Royalty Year; (b) Twenty-Five Thousand Dollars (U.S. $25,000) on or before April 30 of each Royalty Year; (c) Twenty-Five Thousand Dollars (U.S. $25,000) on or before July 31 of each Royalty Year; and (d) the balance of any Annual Royalty due for a Royalty Year on or before the first September 30 following such Royalty Year. In connection with its September 30 payment, SSG shall submit to Equilink a report of its annual gross sales (after deducting Outbound Freight calculated in accordance with paragraph 2.17, taxes, returns and sales credits) of MacGregor-branded Products during the preceding Royalty Year, which report shall be accompanied by a statement from SSG’s chief financial officer, controller, principal accounting officer, treasurer, chief operating officer, president or chairman that the report is correct in all material respects. SSG shall keep, for a period of at least three (3) years after the conclusion of the Royalty Year, accounting records showing the sales of MacGregor-branded Products in that Royalty Year. Upon receipt of a written request from Equilink, SSG will make available to Equilink or its authorized representative, at Equilink’s sole expense, such accounting records of SSG and its affiliates, assigns and sublicensees, reasonably necessary to verify SSG’s annu...
Sample 1
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Royalty and Royalty Reports. Commencing in the calendar year in which the Product receives regulatory approval, VGX agrees to make written Royalty Reports to Dow quarterly, where Royalty Reports and Royalties are due quarterly, and VGX shall use commercially reasonable efforts to provide Royalty Reports within thirty (30) days of the end of each Calendar Quarter. The Royalty Report must be submitted within sixty (60) days after the end of each Calendar Quarter. Royalty Reports shall provide the total Net Sales of Product sold or value received during the preceding three (3) calendar months. The first Royalty Report shall include all Net Sales of Product sold from the Effective Date of this Agreement to the date of said Royalty Report. Such quarterly Royalty Reports shall provide the particulars of the sale of Product during such Calendar Quarter conducted by VGX during the preceding three (3) month period under this Agreement as are pertinent to a royalty accounting. These shall include at least the following: a. total sale or transfer of Product and country of sale or transfer; b. deductions applicable, if any; c. total Royalties due on such sales or transfers; and d. payment of Royalty for the period of the Royalty Report based on Net Sales of Product.
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Royalty and Royalty Reports. Commencing with respect to the [**] in which the first Product receives regulatory approval, Licensee agrees to make written Royalty Reports to Dow [**], and Licensee shall use commercially reasonable efforts to provide Royalty Reports within [**] days of the end of each [**]. Royalty Reports shall provide the total Net Sales of Product sold or value received during the [**]. The first Royalty Report shall include all Net Sales of Product sold from the Effective Date of this Agreement to the date of said Royalty Report. Such [**] Royalty Reports shall provide the particulars regarding sales of Products during such [**] as are pertinent to a royalty accounting. These shall include at least the following: a. [**] b. [**] c. [**] d. [**]
Sample 1
Royalty and Royalty Reports. For each Sublicense granted pursuant to this Agreement, Business Partner shall be entitled to the applicable Royalty, as set forth in Exhibit C. HBOC shall report Royalties due Business Partner for each calendar quarter within thirty (30) days following the last day of the quarter (e.g., a royalty report for the calendar quarter beginning January 1 and ending March 31 would be due on April 30). Such royalty report shall include the following information for each Sublicense: HBOC Customer name and address, BP Software and Integrated Software licensed, effective date of the Sublicense Agreement, Royalty and software support fees due Business Partner, and an estimated effective date for the commencement of software support services. Upon receipt of a royalty report, Business Partner shall issue an invoice to HBOC for the total Royalties and for that portion of the software support fees which are due and payable. Payments shall be made within thirty (30) days following HBOC's receipt of the invoice. The identities of HBOC Customers disclosed in the royalty report shall be deemed Proprietary Information for purposes of this Agreement.
Sample 1
Royalty and Royalty Reports. 4.1 Annual Royalties. SSG will pay to Equilink an annual royalty (the “Annual Royalty”) of 2% of annual gross sales (after deducting Outbound Freight, taxes, returns, sales credits and excluding all sales through Excluded Customers’ web sites pursuant to paragraph 3.6 above) of MacGregor-branded Products and Otherwise Licensed Products that exceed, for the applicable Royalty Year, $17 million; provided, however, that once SSG’s annual sales of MacGregor-branded Products and Otherwise Licensed Products, (excluding all sales through Excluded Customers’ web sites pursuant to paragraph 3.6)
Sample 1

Related to Royalty and Royalty Reports

  • PROGRESS AND ROYALTY REPORTS 8.1 For the period beginning [date] LICENSEE will submit to REGENTS a semi-annual progress report covering LICENSEE's activities related to the development and testing of all LICENSED PRODUCTS, LICENSED SERVICES and LICENSED METHOD and the obtaining of necessary governmental approvals, if any, for marketing in the United States. These progress reports will be made for all development activities until the first SALE occurs in the United States. 8.2 Each progress report will be a sufficiently detailed summary of activities of LICENSEE and any SUBLICENSEES so that REGENTS may evaluate and determine LICENSEE’s progress in development of LICENSED PRODUCTS, LICENSED SERVICES, and LICENSED METHOD, and in meeting its diligence obligations under Article 7, and will include (but not be limited to) the following: summary of work completed and in progress; current schedule of anticipated events and milestones, including diligence milestones under Paragraph 7.2; anticipated market introduction dates for the LICENSED TERRITORIES; and SUBLICENSEE’s activities during the reporting period. 8.3 LICENSEE also will report to REGENTS in its immediately subsequent progress and royalty reports, the date of first SALE. 8.4 After the first SALE anywhere in the world, LICENSEE will make quarterly royalty reports to REGENTS within sixty (60) days after the quarters ending March 31, June 30, September 30, and December 31, of each year. Each such royalty report will be substantially similar to APPENDIX A and include at least the following: (a) The number of LICENSED PRODUCTS manufactured and the number SOLD; (b) Gross revenue from SALE of LICENSED PRODUCTS, LICENSED SERVICES and LICENSED METHOD; (c) NET SALES pursuant to Paragraph 2.5; (d) Total royalties due REGENTS; and (e) Names and addresses of any new SUBLICENSEES along with a summary of the material terms of each new SUBLICENSE AGREEMENT entered into during the reporting quarter. 8.5 If no SALEs have occurred during the report period, a statement to this effect is required in the royalty report for that period.

  • Royalty Reports Licensee shall submit to Cornell a Royalty Report annually on or before October 1st for the sales of Licensed Variety during the prior 12 month period beginning October 1st and ending on September 30th of that year. Licensee may use the Royalty Report provided in Exhibit A.

  • Royalty Report The term “Royalty Report” shall have the meaning ascribed to such term as provided in Section 4.4.6.

  • Royalty Payments (1) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate. (2) LICENSEE shall pay earned royalties quarterly on or before February 28, May 31, August 31 and November 30 of each calendar year. Each such payment shall be for earned royalties accrued within LICENSEE’s most recently completed calendar quarter. (3) Royalties earned on sales occurring or under sublicense granted pursuant to this Agreement in any country outside the United States shall not be reduced by LICENSEE for any taxes, fees, or other charges imposed by the government of such country on the payment of royalty income, except that all payments made by LICENSEE in fulfillment of UNIVERSITY’s tax liability in any particular country may be credited against earned royalties or fees due UNIVERSITY for that country. LICENSEE shall pay all bank charges resulting from the transfer of such royalty payments. (4) If at any time legal restrictions prevent the prompt remittance of part or all royalties by LICENSEE with respect to any country where a Licensed Product is sold or a sublicense is granted pursuant to this Agreement, LICENSEE shall convert the amount owed to UNIVERSITY into US currency and shall pay UNIVERSITY directly from its US sources of fund for as long as the legal restrictions apply. (5) LICENSEE shall not collect royalties from, or cause to be paid on Licensed Products sold to the account of the US Government or any agency thereof as provided for in the license to the US Government. (6) In the event that any patent or patent claim within Patent Rights is held invalid in a final decision by a patent office from which no appeal or additional patent prosecution has been or can be taken, or by a court of competent jurisdiction and last resort and from which no appeal has or can be taken, all obligation to pay royalties based solely on that patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such final decision. LICENSEE shall not, however, be relieved from paying any royalties that accrued before the date of such final decision, that are based on another patent or claim not involved in such final decision, or that are based on the use of Technology.

  • PATENTS AND ROYALTIES Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this Invitation for Bids. The Contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Contractor. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Contractor. If such a claim is made, the Contractor shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

  • Royalty Statements The Licensees shall provide Shengqu with a statement within ten (10) Business Days of the end of each calendar month during the Term of this Agreement.

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • License Fees and Royalties Consistent with the applicable U.S. DOT Common Rules, the Recipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Underlying Agreement are program income, and must be used in compliance with federal applicable requirements.

  • Royalties This agreement entitles the author to no royalties or other fees. To such extent as legally permissible, the author waives his or her right to collect royalties relative to the article in respect of any use of the article by the Journal Owner or its sublicensee.

  • Royalty Payment In partial consideration of the grant of rights to Schering by ICN under this Agreement, Schering shall pay ICN a royalty in the following amount: (a) with respect to sales of Product in the EU, [REDACTED] of Net Sales, [REDACTED], but in no event less than [REDACTED] of Net Sales; and (b) with respect to sales of Product in the Territory, other than in the EU: [REDACTED]; [REDACTED]; and [REDACTED]; provided, however, that in no event shall the royalty on sales of the Product in any country in the Territory (including the EU) be less than [REDACTED] per capsule sold based on a [REDACTED], [REDACTED] per capsule sold based on a [REDACTED], and [REDACTED] sold based on a [REDACTED], such amounts to be proportionately adjusted based on a scale of [REDACTED] for other capsule sizes less than [REDACTED] and based on a scale of [REDACTED] for other capsule sizes in excess of [REDACTED]; provided further, however, that if in any country in the Territory ICN is also marketing the Product, and if at any time ICN's current actual net selling price for the Product is less than [REDACTED] of Schering's current actual net selling price for the Product (based on the same capsule size and comparable terms and conditions, and other than due to increases in price by Schering), then such minimum royalty shall no longer apply to sales of the Product by Schering in such country (and such minimum royalty shall not be reinstated). In the event any third party is also marketing oral ribavirin in any country in the Territory, then Schering shall not be obligated to pay the minimum royalty provided for in this Section 6.2 for that country. [REDACTED] For purposes of this Section 6.2, the current actual net selling price shall be determined on a country-by-country basis, for each calendar quarter, by dividing the Net Sales of capsules of a particular capsule strength by the total number of capsules of the same strength that were sold and sampled in such country during such period. Each Party shall have the right to audit the books and records of the other Party for the purpose of verifying the current actual net selling price, in accordance with the procedures set forth in Section 6.10.

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