Royalty Base. The following terms and conditions shall apply for purposes of defining and calculating the Royalty Base:
Royalty Base. (a) Where the product sold by the Third Party consists of the Innovation and such Innovationconsists essentially of, or depends primarily on, a patented invention or inventions made in whole or in part during the performance of CIIRDF-supported work on the project, the Royalty Base shall be the selling price of the product as defined in SubSection G.2.
(b) Where the product sold consists of an assemblage of subsystems or entities, the Royalty Base shall be the selling price of the product multiplied by a fraction the numerator of which shall be the manufacturing cost of those subsystems or entities which incorporate a patented invention or inventions made in whole or in part on the implementation of the Proposal, and the denominator of which shall be the manufacturing cost of the product sold.
(c) If, however, a market price shall have been established for any subsystem or entity which incorporates a patented invention or inventions made in whole or in part under this project and which is sold separately, sold as part of the Innovation, or sold as part of any other product, such market price shall be the Royalty Base.
Royalty Base. The royalty in subsection 5.1 is payable on Gross Project Revenues derived from sales after December 31, 2001, to facilities with a nameplate generating capacity over 50 MWe and sales after December 31, 2002 to facilities of any size. Revenues derived from sales of resulting products produced in the pilot and demonstration facilities are exempt from royalty base while operating in as a pilot or demonstration facility.
Royalty Base. 6.1 In consideration for licensing BDS Technology, LICENSEE shall pay a royalty as described in Article 6.2:
6.2 The payment (in advance) of the annual license fee shall be based on two elements: the annual fee (1.) and per analysis fee (2.):
1. annual license fee for the - PPARɣ CALUX® TECHNOLOGY €2,750.-/year
2. per analysis fee for the PPARɣ CALUX® TECHNOLOGY Waived
6.3 LICENSOR shall invoice LICENSEE upfront the annual license fee of the license agreement. All prices mentioned in this agreement are ex. VAT.
6.4 Invoices shall be due for payment within 30 days of the date of the invoice. In the event of late payment, interest may be accrued based on the 6 month LIBOR for the relevant currency plus 5% on the unpaid amount from the day on which payment was due. If any aspect of an invoice is disputed, LICENSEE will pay the undisputed portion of the invoice without delay.
Royalty Base. EARNED ROYALTIES shall be based on the NET SALES of CIGARETTES and OTHER TOBACCO PRODUCTS. EARNED ROYALTIES shall accrue at the time the CIGARETTES and OTHER TOBACCO PRODUCTS either are shipped or are exported from the United States.
Royalty Base. For purposes of paying and/or computing royalties and fees hereunder the following shall apply:
A. Optically Pumped Lasers U.S. Patent No. 4,053,845 The royalty base shall include the lasing medium, and means for containing the same where applicable, a bright pumping light source (save that if such light source is a gas discharge laser the appropriate royalty called for under Article III, Section B, subsection (2) hereof shall apply), and means (including power supply, lamp and optical system) for activating and using same, together with at least any and all of the following functionally combined components:
(1) means for mounting the lasing medium and the bright pumping light source to enable the desired functional relationship, for example including base and housing;
(2) means that enable the optically pumped medium to emit light in a wave train that has a sharply rising intensity with an intensity rise time of less than approximately 10-7 seconds;
(3) means for conveying the stimulating light beam through the amplification region including mirrors employed for this purpose; and
(4) means integral with the apparatus of this Article IV, Section A hereof such as meters, shutters, controls and cooling system.
B. Gas Discharge Lasers - U.S. Patent No. 4,704,583 The royalty base shall include the lasing medium if supplied by the LICENSEE, including means for containing the same and means, including power supply, for activating same, together with at least any and all of the following functionally combined components:
(1) means for producing an electrical discharge in the lasing medium and for delivering a gas discharge mixture to the discharge region at partial and total pressure such that a population inversion is initiated in the lasing medium;
(2) means for conveying the stimulating light beam through the amplification region including mirrors employed for this purpose;
(3) means for mounting the lasing medium and electrical discharge producing means to enable the desired functional relationship, for example including base and housing; and
(4) means integral with the apparatus of this Article IV, Section B hereof such as meters, shutters, controls and cooling systems.
C. Use Patent - U.S. Patent No. 4,161,436 The royalty base shall include all assemblies, sub-assemblies, components, and portions thereof necessary to produce coherent light, to transport such light to a particular point on a workpiece, and to control the physical parameters of such light in ...
Royalty Base. For purposes of this Agreement, "Royalty Base" shall mean the Licensee's net sales during the applicable fiscal quarter less: (i) Allowances for returns, discounts or rebates as actually granted to a customer on account of quantity purchased (but not discounts granted for promptness of payment); and (ii) All taxes levied, directly or indirectly, on the sale of Approved Products by any government or governmental agency.
Royalty Base. NET SALES" means the gross invoice price from sales, distribution, or other exploitation of products or services embodying, in whole or in part, the Licensed Technology, excluding: (A) charges for handling, freight, sales taxes, insurance costs and import duties where such items are included in the invoiced price; (B) commercially reasonable discounts or credits (or other similar adjustments to price); and (C) credits actually granted or refunds actually given for returns. In the event that the products or services are provided for no or nominal consideration or to an Affiliate or Subsidiary or in any other circumstances in which the selling price is established on other than an arms-length basis, the Net Sales will be the average selling price during the preceding fiscal quarter on sales of like volumes of the applicable products or services to unaffiliated customers in arms-length sales. However, in the event that products or services are sold to Affiliates or Subsidiaries for resale to Third Parties, then the royalties will be based on Net Sales from the Affiliates or Subsidiaries to the Third Parties and no royalties will be due on the sales from the Licensee to the Affiliates or Subsidiaries.
Royalty Base. For purposes of this Agreement, "Royalty Base" shall mean the Licensee's net sales during the applicable fiscal quarter less:
Royalty Base. NET SALES" means the gross invoice price from sales, distribution, or other exploitation of products or services embodying, in whole or in part, the licensed Technology, excluding: (A) charges for handling, freight, sales taxes, insurance costs and import duties where such items are included in the invoiced price; (B) commercially reasonable discounts or credits (or other similar adjustments to price); and (C) credits actually granted or refunds actually given for returns. In the event that the products or services are provided for no or nominal consideration or to an Affiliate or in any other circumstances in which the selling price is established on other than an arms-length basis, the Net Sales will be the average selling price during the preceding fiscal quarter on sales of like volumes of the applicable products or services to unaffiliated customers in arms-length sales. However, in the event that products or services are sold to Affiliates for resale to Third Parties, then the royalties will be based on Net Sales from the Affiliates to the Third Parties and no royalties will be due on the sales from the licensee to the Affiliates.
