Royalty Obligations. Part 2.7(e) of the Disclosure Schedule contains a complete and accurate list and summary of all royalties, fees, commissions, and other amounts payable by the Seller to any Person (other than sales commissions paid to employees according to the Seller’s standard commissions plan) upon or for the sale, or distribution of any Seller Product or the use of any Seller IP.
Royalty Obligations. Section 3.16(g) of the Sellers Disclosure Schedule contains a complete and accurate list and summary of all royalties, fees, commissions and other amounts payable by the Company to any other Person (other than sales commissions paid to employees according to the Company’s standard commissions plan) upon or for the use of any Company Owned Intellectual Property.
Royalty Obligations. (a) Subject to Section 4.4(b), commencing on the date on which the First Commercial Sale with respect to Product occurs and continuing so long as there are Net Sales, Hospira shall pay to Pfenex a royalty for each Quarterly Period in a given Annual Period in an amount equal to:
(i) the aggregate sum of:
(A) [***] of Annual Net Sales of Product during such Annual Period for Annual Net Sales less than or equal to [***]; plus
(B) [***] of Annual Net Sales of Product during such Annual Period for that portion of Annual Net Sales greater than [***] but less than or equal to [***]; plus [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(C) [***] of Annual Net Sales of Product during such Annual Period for that portion of Annual Net Sales greater than [***];
(ii) less, the aggregate amount of royalty payments paid under this Section 4.4 by Hospira to Pfenex for all preceding Quarterly Period(s) during such Annual Period. [***]
(b) Hospira may offset any (i) Excess CCS Cost, or (ii) Pfenex Share of Commitment Costs (in each case, not previously offset pursuant to this Section 4.4(b)) against royalties otherwise due under this Section 4.4. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(c) Within sixty (60) days following the end of each Quarterly Period, Hospira shall pay to Pfenex all amounts payable pursuant to this Section 4.4 by wire transfer of immediately available funds to the account designated by Pfenex.
Royalty Obligations. Schedule 3.16(e) contains a complete and accurate list and summary of all royalties, fees, commissions, and other amounts payable by Seller to any other Person (other than sales commissions paid to employees according to Seller’s standard commissions plan) upon or for the manufacture, sale, or distribution of any Seller Product or the use of any Business Intellectual Property owned by Seller.
Royalty Obligations. 13 5.1 Royalties For Sales of Products or Other Products............................13 5.2 Foreign Exchange.............................................................13 5.3 Blocked Currency.............................................................13 5.4 Taxes........................................................................13 5.5 Payment......................................................................14 5.6 Duration.....................................................................14 5.7 Accounting...................................................................14 5.8 Sales by Sublicensees........................................................14
Royalty Obligations. The Company has provided to Parent a complete and accurate schedule of all royalties, fees, commissions, and other amounts paid within six (6) months prior to the date hereof by any of the Acquired Corporations to any other Person (other than sales commissions paid to employees according to the Acquired Corporations’ standard commissions plan) upon or for the manufacture, sale, or distribution of any Company Product or the use of any Company IP.
Royalty Obligations. Except as otherwise provided in this Agreement both Parties acknowledge and agree that each is solely responsible for any and all royalty obligations that have accrued or may accrue in the future with respect to any agreements and/or arrangement that such Party may have agreed to prior to the Effective Date. Except as otherwise provided in this Agreement, any Third Party technology acquired by Isis that is applicable to Reagent ASO Products, Validation ASO Products or Drug Discovery ASO Products shall be made available to Lilly at the cost (including royalties, milestones and other payments) payable by Isis to such Third Party.
Royalty Obligations. Part 2.11(e) of the Disclosure Schedule contains a complete and accurate list and summary of all royalties, commissions, and other similar amounts payable by any Acquired Company to any other Person upon or for the use, sale, distribution or exploitation of any Intellectual Property or Intellectual Property Rights (other than license and subscription fees for “off the shelf” third party Software that is supplied or licensed to the Acquired Company on generally available, standard commercial terms). Each Acquired Company has timely paid all royalties, commissions and similar amounts to the Persons who are entitled to receive them.
Royalty Obligations. The Company is not obligated to pay any royalties, fees, commissions and other amounts payable to any other Person (other than sales commissions paid to employees according to the Company's standard commissions plan) upon or for the use, practice or exploitation of any Company IP.
Royalty Obligations. Part 2.9(e) of the Disclosure Schedule contains a complete and accurate list of all Contracts (other than Standard Form IP Agreements and Standard Commercial Licenses) pursuant to which any of the Acquired Corporations is obligated to pay royalties, fees, commissions, and other amounts (other than sales commissions paid to employees according to the Acquired Corporations’ standard commissions plan) for the manufacture, sale, or distribution of any Company Product or the use of any Company IP. No Person who has licensed Intellectual Property or Intellectual Property Rights to the Acquired Corporations relating to the business of the Acquired Corporations has ownership or exclusive license rights in improvements made by the Acquired Corporations in such Intellectual Property or Intellectual Property Rights, except where (a) such Person has granted rights to the Acquired Corporations related to such improvements and all Intellectual Property Rights therein and such licenses do not materially restrict the Acquired Corporations’ ability to conduct the business of the Acquired Corporations as currently conducted or to create further improvements to the Company IP owned by the Acquired Corporations or to the Company Products; or (b) such improvements are not necessary to the conduct of the business of the Acquired Corporations as currently conducted.
