Royalty Fees. In further consideration of the distribution rights and related rights granted by Shengqu to the Licensees hereunder, the Licensees shall pay to Shengqu a royalty fee equal to 35% of revenues on a monthly basis.
Royalty Fees. 3.1 From the first month after the installation of the Licensed Software on the Designated Computer, the Licensee shall in addition pay the Licensor a revenue sharing fee, the calculation formula of which is: revenue sharing fee = sales revenue realized by the Licensee through the use of computers which have installed the Licensed Software x 15%.
3.2 Subsequent to the installation and formal operation of the Licensed Software, the Licensee shall pay the Licensor revenue sharing fee on a monthly basis, and payment of the revenue sharing fee of each month shall be made within fifteen (15) days of the end of such month.
3.3 Xxxxxx Computer shall deliver the invoice to the Licensee within fifteen (15) days after the receipt of such installation fees.
Royalty Fees. (i) Subject to Section 3.1(d), Licensee shall pay to Licensor a royalty (the “Royalty”) for the rights granted to Licensee under this Agreement in an amount equal to five percent (5%) of Gross Revenues.
(ii) Except for the limited exception for Non-Licensed Existing Projects below, if Licensee develops Vacation Ownership Properties or acquires Vacation Ownership Properties from a Person other than a Hilton Competitor and they are not operated as Separate Operations, the Royalty shall apply to such Vacation Ownership Properties as if they were Licensed Vacation Ownership Properties, even if such properties are not Licensed Vacation Ownership Properties. The Royalty shall also apply to all Transient Rental Revenue at any Vacation Ownership Properties other than set forth in Section 3.1(d) that use the Licensed IP or Hilton Data. For clarity, Licensee shall not owe a Royalty arising out of its Vacation Ownership Properties that are operated as Separate Operations.
(iii) If Licensee permits Non-Licensed Existing Projects, or other non-licensed Vacation Ownership Properties with which Licensee has entered into a Marketing Agreement pursuant to Section 9.6(d), to be exchanged pursuant to an arrangement between the Licensed Exchange Program and a non-licensed Exchange Program whereby individual owners of the non-licensed Vacation Ownership Properties do not have full access to the Loyalty Program through the Licensed Exchange Program, then the Royalty shall be due only on the applicable Club Revenue portion of the Gross Revenue. If Hilton Data is used to market the sale of units at Non-Licensed Existing Projects, then the Royalty shall be due on Gross Sales Price, Club Revenue, and Marketing Package Revenues.
(b) A sale occurs for Royalty purposes pursuant to Section 3.1(a) with respect to the initial sale or re-sale of an interest in Licensed Vacation Ownership Property when all of the following conditions have been satisfied, regardless of when, or whether, any part of the Gross Sales Price or Fee For Services Sales Price are actually paid to, or received by or on behalf of, Licensee.
(i) A written agreement (“Purchase Contract”) is executed by a purchaser and has been accepted by Licensee pursuant to which such purchaser contractually commits to acquire such interest;
(ii) With respect to purchase money financing provided by or through Licensee or its Affiliates, if any, such purchaser has duly executed all applicable sales and purchase money financing documen...
Royalty Fees. 7.1 LICENSEE shall not be responsible for paying Royalty Fees (a) after [*] years from the date when annual Royalty Fees reach $[*], or (b) when the Patents in Appendix 1 expire or are annulled. LICENSEE agrees to pay to LICENSOR [*]percent ([*]%) of the Selling Price of all Product sold by or for LICENSEE or its Affiliates to a Customer under this Agreement. In the event that Product is used to make an End Product by LICENSEE or LICENSEE’s Affiliate, the Royalty Fee is imposed only on the Product, not on the End Product. The Selling Price of the Product that is (a) transferred by LICENSEE or its Affiliates without generating a Selling Price; or (b) used to make End Products by LICENSEE or its Affiliates is the average price that the same or similar Product is sold at to Customers by LICENSEE during the period of Section 7.5. If such average price is not available, a commercially reasonable price will apply.
7.2 All payments will be made in U.S. dollars. Payments due on Selling Price in the currency of countries foreign to the U.S. shall be calculated in U.S. dollars after the amount of the Selling Price in foreign currency has been converted into U.S. dollars using the applicable foreign exchange rate listed in the Wall Street Journal for the last day of the calendar quarter. Unless otherwise directed by LICENSOR, all payments made hereunder by LICENSEE shall be made by wire transfer to Key Bank 0000 Xxxxx Xxxxx Xxxxxx Xxxxxxxxxx, XX 00000 ABA number: Account number: Swift Code: in immediately available United States funds.
7.3 Under this Agreement, Product shall be considered sold or otherwise transferred when LICENSEE invoices a Customer. _________________ [*] 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 portion. CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED BASED UPON A REQUEST FOR CONFIDENTIAL TREATMENT AND THE NON-PUBLIC INFORMATION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
7.4 LICENSEE shall keep full, true and accurate books of account containing all particulars which may be necessary for the purpose of determining the amount payable to LICENSOR under this Agreement. Said books and the supporting data shall be open at all reasonable times, for three (3) years following the end of the calendar year to which they pertain, to an inspection, on a confidential basis, by an independent certifi...
Royalty Fees. 3.1 For the rights, privileges and license granted hereunder, LICENSEE shall pay royalty fees to AUBURN in the manner hereinafter provided to the end of the term of the PATENT RIGHTS or until this Agreement shall be terminated: LICENSEE shall pay License Fees due on the first day of the First LICENSE YEAR and every LICENSE YEAR thereafter equal to $10,000 for the first active patent selected in Appendix A, plus $5,000 for each additional active patent selected in Appendix A, as represented by the formula: License Fee = $10,000 + (NP – 1) x $5,000 provided that the value of NP for a given LICENSE YEAR will be determined on the first day of said LICENSE YEAR. Further, if a patent under the PATENT RIGHTS expires in a given LICENSE YEAR, then the License Fee due for the given LICENSE YEAR for the given patent may be prorated based on the number of days remaining before said patent expiration.
3.2 All payments due hereunder shall be paid in full, without deduction of wire transfer fees, taxes or other fees which may be imposed by any government and which shall be paid by LICENSEE.
3.3 All payments due hereunder shall be paid in United States dollars and sent to AUBURN according to Article 12. If such payments are not received by AUBURN when due, LICENSEE shall pay to AUBURN interest charges at a rate of ten percent (10%) per year. Such interest shall be calculated from the date payment was due until actually received by AUBURN.
Royalty Fees. A. Licensee shall pay to Licensor a Destination Club Royalty Fee in an amount equal to:
(i) (a) two percent (2%) of the Gross Sales Price with respect to initial sales of interests held by Licensee, its Affiliates, or entities in which Licensee or its Affiliates hold an Ownership Interest, in Xxxx-Xxxxxxx Destination Club Units, whether directly or through the issuance of beneficial interests, other ownership interests, use rights, or other entitlements (whether the value of which is denominated as points, weeks, or any other currency), including interests in a land trust or similar real estate vehicle, and (b) one percent (1%) of the Gross Sales Price with respect to re-sales of such interests held by Licensee, its Affiliates, or entities in which Licensee or its Affiliates hold an Ownership Interest, in Xxxx-Xxxxxxx Destination Club Units, plus
(ii) (a) two percent (2%) of the Gross Commissions with respect to initial sales by Licensee or its Affiliates on behalf of unrelated third parties of interests held by such unrelated third parties in Xxxx-Xxxxxxx Destination Club Units, whether directly or through the issuance of beneficial interests, other ownership interests, use rights, or other entitlements (whether the value of which is denominated as points, weeks, or any other currency), including interests in a land trust or similar real estate vehicle (and Licensee or its Affiliates have no ownership or other beneficial interest in the interest conveyed and are making such sales only on a commission basis) and (b) one percent (1%) of the Gross Commissions with respect to re-sales by Licensee or its Affiliates on behalf of unrelated third parties of such interests held by such unrelated third parties in Xxxx-Xxxxxxx Destination Club Units (and Licensee or its Affiliates have no ownership or other beneficial interest in the interest conveyed and are making such sales only on a commission basis). For purposes of clarification, any sale or re-sale that is subject to a royalty pursuant to Section 3.1.A(i) shall not be subject to a royalty pursuant to Section 3.1.A(ii).
B. Licensee shall pay to Licensor a Residential Royalty Fee in an amount equal to:
(i) (a) two percent (2%) of the Gross Sales Price with respect to initial sales of interests held by Licensee, its Affiliates, or entities in which Licensee or its Affiliates hold an Ownership Interest, in Xxxx-Xxxxxxx Residential Units, whether directly or through the issuance of beneficial interests, or other o...
Royalty Fees. Instructor agrees to register all participants of the BRAIN GYM® 101 Course, or any other course for which the Instructor is approved to teach, on the Brain Gym® curriculum (including but not limited to Optimal Brain Organization, Visioncircles, Double Doodle Play, etc.), with BTi or one of its Approved Affiliates within 15 days of course completion. The enrollment process includes submitting a course roster with the name and email of the course Instructor and each participant, as well as a royalty of ten percent (10%) of the gross revenue less the cost of the manual, received from each student. BTi will not share student data nor email students unsolicited without each student opting in.
Royalty Fees. Within thirty (30) days after the end of each calendar quarter with respect to which Microsoft owes Licensee any Royalty Fees, Microsoft shall furnish Licensee with a statement, together with payment for any amount shown thereby to be due to Licensee. The statement shall be based upon Gross Receipts for the quarter then ended, and shall contain information sufficient to discern how the Royalty Fees were computed.
Royalty Fees. Reseller or Reseller's Subcontractor will pay to SII ------------- the Royalty Fee in the amount set forth in the corresponding Exhibit I ("the Royalty Fee") for each Program Copy. Payment will be made by Reseller based on units sold into the channel. Resellers Royalty obligation will accrue on the date of sale into the channel. However, Royalty Payments to SII for any quarter will not be due until thirty (30) days after the end of that quarter, based on the applicable Quarterly Report pursuant to Section 4.2.
