Royalty Cap. Payment of the royalties set forth in Section 2.1 shall cease, and this Agreement shall terminate, at such time as the total sum of royalty payments actually paid to DxXxxxx pursuant to this Agreement equals Ten Million Dollars (US $10,000,000); provided, however, that the Company shall have the option to terminate this Agreement at any time upon the payment to DxXxxxx of the difference between (i) the total royalty payments actually paid to DxXxxxx to date and (ii) $10,000,000.
Royalty Cap. In no event shall the amount of royalties owing to Intec Pharma under Section 4.5.1(a) (Royalty Rate) exceed (i) a total sum of $25,000,000 in any Calendar Year (the “Annual Royalty Cap”) or (ii) a total sum of $100,000,000 over the course of this Agreement. For clarity, any amount in excess of the Annual Royalty Cap that would otherwise be payable to Intec Pharma in a given Calendar Year under Section 4.5.1(a) (Royalty Rate) shall not be carried forward for payment in any subsequent Calendar Year.
Royalty Cap. AutoCath’s aggregate maximum obligation to MXXX for royalties under Section 3.2 (including minimum royalty payments) shall not exceed [*] in any given year (measured from each anniversary of the Effective Date) (the “Royalty Cap”). After the Royalty Cap has been accrued or paid in any year, no further royalties shall accrue or be payable in such year.
Royalty Cap. The compensation due from Caliper to HP in consideration for all HP intellectual property licensed to Caliper under Sections 2.4(b) and 2.4(c) above shall not exceed royalties of [ * ]. The rates set forth in this Section 2.4 are subject to adjustment as provided in Section 10.4(f). Payments due under this Section 2.4 shall be subject to the same terms and conditions applicable to Gross Margin share payments on Collaboration Products under Sections 7.6, 7.7 and 7.9. If any such product does not clearly fall into one of the above classifications, the parties shall mutually agree on an appropriate classification for such product prior to commercial introduction.
Royalty Cap. Once the aggregate amount paid by NTC to Micron under this Section 4.1 and Section 4.1 of the TTLA 1X is equal to [***] ("Royalty Cap"), then all royalty payment obligations under this Section 4.1 shall be fully performed and no further royalties shall accrue or be due from NTC under this Section 4.1.
Royalty Cap. The royalty due under Section 5.1 does not have a minimum total dollar value, but the total royalty payable to Network-1 under Section 5.1 on an annual basis shall not exceed a “Royalty Cap” (that is, the total paid by Cisco and its Affiliates under Section 5.1 for any calendar year shall not exceed the Royalty Cap). The Royalty Cap shall be $8,000,000 per calendar year for calendar year 2011 through and including calendar year 2015, $9,000,000 per calendar year for calendar year 2016 through and including calendar year 2019, and for calendar year 2020, $9,000,000 multiplied by the percentage of the year 2020 that the Asserted Patent is effective. Notwithstanding the foregoing, the Royalty Cap shall be subject to adjustment in accordance with Section 6.4 should Network-1 accept the *** Patents pursuant to Section 6.1.
Royalty Cap. Under Section 9.4(c) of the BMS-ImClone Commercial Agreement, the sharing of certain Third Party Payments for damages, milestones, royalties, license fees and similar payments by BMS and its Affiliates is capped at certain levels with respect to Japan, after which ImClone is responsible for the payment of any such Third Party Payments. Accordingly, BMS and ImClone agree that should the damages, awards and Third Party Payments that are attributable to the manufacture (by any Party, its Affiliates or a Third Party) of Cetuximab or Final Product for use and sale in Japan or to the use or Commercialization (by any Party or its Affiliates, by Merck and its Affiliates, or by any Third Party) of Cetuximab or Final Product in Japan and that are taken into determining Profit Or Loss for a given accounting period exceed [**] of Net Sales in such accounting period, then, to the extent that BMS/BMKK is not otherwise being indemnified for such damages, awards and Third Party Payments pursuant to the Six-Party Japan Commercial Agreement, ImClone shall pay to BMS such amount as equals the difference between (x) what BMS’ share of Adjusted Profit Or Loss would have been if the damages, awards and Third Party Payments taken into account in determining Profit Or Loss for such Accounting Period had only been [**] and (y) the Adjusted Profit Or Loss determined using all the damages, awards and Third Party Payments that were taken into account for such accounting period (“Royalty Cap Payment”). Any such Royalty Cap Payment may be taken into account by BMS to offset any payment of Adjusted Profit otherwise required to be made by BMS to ImClone pursuant to Section 2.2.1 or to increase ImClone’s share of Adjusted Loss payable by it to BMS; if not so offset or added by BMS, such payment shall be paid by ImClone within 30 days after receipt of an invoice from BMS for same.
Royalty Cap. The total Royalty payments to be made by ZymoGenetics pursuant to this Agreement (the “Royalty Cap”) shall not exceed:
Royalty Cap. The maximum total royalties paid to DX. XXXXXX will not exceed five million dollars (US$5,000,000).
