Royalty Conditions. The royalties under Section 8.4.1 shall be subject to the following conditions:
(a) only one royalty shall be due with respect to the same unit of Licensed Product;
(b) no royalties shall be due upon the sale or other transfer among any Related Party, but in such cases the royalty shall be due and calculated upon the Related Party’s Net Sales of Licensed Product to the first non-Related Party; and
(c) no royalties shall accrue on the disposition of Licensed Product in reasonable quantities by any Related Party as part of an expanded access program or as bona fide samples or as donations to non-profit institutions or government agencies for non-commercial purposes or for the performance of clinical trials, provided, in each case, that such Related Party does not receive any payment for such Licensed Product exceeding the cost of goods.
Royalty Conditions. The royalties under Section 8.4.1 shall be subject to the following conditions:
(a) that only one royalty shall be due with respect to the same unit of Licensed Product;
(b) that no royalties shall be due upon the sale or other transfer among Elixir, its Affiliates, or Sublicensees, but in such cases the royalty shall be due and calculated upon Elixir’s or its Affiliate’s or Sublicensee’s Net Sales of Licensed Product to the first independent Third Party; and
(c) no royalties shall accrue on the disposition of Licensed Product in reasonable quantities by Elixir, its Affiliates or Sublicensees as part of an expanded access program or as part of Phase 4 Trials or as donations to non-profit institutions or government agencies for non-commercial purposes, provided, in each case, that neither Elixir, its Affiliate or Sublicensees receives any payment for such Licensed Product.
Royalty Conditions. The royalties under Section 8.3.1 shall be subject to the following conditions:
a) that only one royalty shall be due with respect to the same unit of Licensed Product;
b) that no royalties shall be due upon the sale or other transfer among Retrophin, its Affiliates, or Sublicensees, but in such cases the royalty shall be due and calculated upon Retrophin’s or its Affiliate’s or Sublicensee’s Net Sales of Licensed Product to the first independent Third Party; and
c) no royalties shall accrue on the disposition of Licensed Product in reasonable quantities by Retrophin, its Affiliates or Sublicensees as part of an expanded access program, as bona fide samples, as part of Phase 4 Trials or as donations to non-profit institutions or government agencies for non-commercial purposes; provided, however, in each case, that neither Retrophin, its Affiliate or Sublicensees receives any payment for such Licensed Product.
Royalty Conditions. All Royalties pursuant to Section 9.3 are subject to the following conditions:
Royalty Conditions. All royalties due to Protagonist pursuant to Section 7.5.1 are subject to the following conditions: (a) only one royalty shall be due with respect to the same unit of Licensed Product; (b) no royalties shall be due upon the sale or other transfer among Xxxxxxx or its Affiliates, but in such cases the royalty shall be due and calculated upon Xxxxxxx’x or its Affiliate’s Net Sales to the first independent Third Party, and distributors of Xxxxxxx selling Licensed Product that are not Affiliates of Xxxxxxx will not, for this purpose, be deemed to be sublicensees of Xxxxxxx and shall instead be considered as independent Third Parties; and (c) no royalties shall be due upon free samples, donations, patient assistance, test marketing programs or other similar programs or studies.
Royalty Conditions. All royalties are subject to the following conditions:
(i) that only one royalty shall be due with respect to the same unit of Royalty Product;
(ii) that no royalties shall be due upon the sale or other transfer among Merck or its Related Parties for resale purposes, but in such cases the royalty shall be due and calculated upon Merck’s or its Related Party’s Net Sales to the first independent Third Party;
(iii) no royalties shall accrue on the sale or other disposition of Royalty Product by Merck or its Related Parties for use in a Clinical Study; and
(iv) no royalties shall accrue on the disposition of Royalty Product in reasonable quantities by Merck or its Related Parties as samples (promotion or otherwise) or as donations (for example, to non-profit institutions or government agencies for a non-commercial purpose), provided, however, that Merck and its Related Parties do not receive any financial payment for such disposition.
Royalty Conditions. The royalties under this Article shall be subject to the following conditions:
(i) that only one royalty shall be due with respect to the same unit of Licensed Product;
(ii) that no royalties shall be due upon the sale or other transfer among DPC, its Affiliates or licensees, but in such cases the royalty shall be due and calculated upon DPC's or its Affiliate's or licensee's Net Sales of Licensed Product to the first independent third party;
(iii) no royalties shall accrue on the disposition of Licensed Product in reasonable quantities by DPC, its Affiliates or licensees as part of an expanded access program or as bona fide samples or as donations to non- profit institutions or government agencies for non- commercial purposes; and
(iv) notwithstanding the above royalty rates, upon DPC's request, the parties agree to discuss in good faith a reduction of such royalty rate in any given country in the event the available patent protection materially decreases the commercial viability of the Licensed Product under such royalty rate.
Royalty Conditions. The royalties under this Section 4.3 shall be subject to the following conditions:
(i) only one (1) royalty shall be due with respect to each unit of Product, without regard to whether there is more than one (1) Valid Claim or Licensed Patent covering such Product;
(ii) no royalties shall be due on the sale or other transfer of the Product among Licensee, its Affiliates and sublicensees, but in such cases the royalty shall be due and calculated upon Licensee’s, its Affiliate’s or sublicensee’s Net Sales of Product to the first independent Third Party;
(iii) no royalties shall be due on the disposition of Product in reasonable quantities by Licensee, its Affiliates or sublicensees as part of an expanded access program, for use in clinical trials and other development work, as free samples, or as donations to non-profit institutions or government agencies for non-commercial purposes; and
(iv) the Net Sales of each Product shall be aggregated separately to determine the applicable royalty rate tier, and no royalty shall be due on the sale of any Product sold in a region after the expiration of the Royalty Term for such Product in such region.
Royalty Conditions. The royalties under Section 5.5.1 and 5.5.2 shall be subject to the following conditions:
(a) that only one royalty shall be due with respect to the same unit of Product;
(b) that no royalties shall be due upon the sale or other transfer among Product Licensee, its Affiliates or Sublicensees, but in such cases the royalty shall be due and calculated upon Product Licensee's or its Affiliate's or Sublicensee's Net Sales of Product to the first independent Third Party; and
(c) no royalties shall accrue on the disposition of Product in reasonable quantities by Product Licensee, its Affiliates or Sublicensees as part of an expanded access program or as bona fide samples or as donations to non-profit institutions or government agencies for non-commercial purposes, provided, in each case, that neither Product Licensee, its Affiliate or Sublicensees receives any payment for such Product.
Royalty Conditions. The royalties under this Article 5 shall be subject to the following conditions:
5.12.1 Only one royalty shall be due with respect to the same unit of Licensed Product; and
5.12.2 No royalties shall be due upon the sale or other transfer among BMS, its Affiliates or licensees, but in such cases the royalty shall be due and calculated upon BMS's or its Affiliate's or licensee's Net Sales of Licensed Product to the first independent Third Party.
