Royalty on NET REVENUES Sample Clauses

Royalty on NET REVENUES. 2.1. In consideration of the license of the DDS IONTOPHORETIC PATENT RIGHTS to IOMED, and subject to the provisions of Article IV paragraphs 2.2. and 2.3, the royalty payable by IOMED to DDS shall be **** percent (****%) on NET REVENUES generated on or after the EFFECTIVE DATE. 2.2. IOMED shall not be required to pay a royalty to DDS in excess of one percent (1%) of NET REVENUES on commercialization of the products listed in Appendix D hereto which, the Parties acknowledge, are presently-marketed products of IOMED. In the event of any dispute relating to the foregoing provisions of this Paragraph, the Parties shall cause such dispute to be arbitrated before an experienced patent attorney. In such event the procedure set forth in Article VIII Paragraph 14 shall to the extent practicable apply to the conduct of such arbitration.
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Royalty on NET REVENUES. 2.1. In consideration of the license of the ELAN IONTOPHORETIC PATENT RIGHTS to IOMED, and subject to the provisions of Article IV Paragraphs 2.2. and 2.3, the royalty payable by IOMED to ELAN shall be **** percent (****%) on NET REVENUES generated on or after the EFFECTIVE DATE. 14 2.2. In further consideration of the license of the ELAN IONTOPHORETIC PATENT RIGHTS to IOMED, subject to the proviso in this Paragraph 2.2, ELAN shall not be entitled to a royalty on NET REVENUES, whether generated on or after 1st July 1997 or otherwise, (a) in connection with PRODUCTS whose primary purpose is for inducing local anaesthesia and/or (b) in connection with PRODUCTS for treating local acute inflammatory conditions, whether or not such products are currently marketed, or in development and including improvements thereto; provided that on a country by country basis if the research, development, manufacture or commercialisation of such PRODUCTS would infringe the ELAN IONTOPHORETIC PATENT RIGHTS and/or the DDS IONTOPHORETIC PATENT RIGHTS (but for the granting of the licenses by ELAN pursuant to Article II Paragraph 1.1. and the licenses granted by DDS pursuant to the DDS AGREEMENT) the royalty payable by IOMED to ELAN shall be three per cent (3%) of NET REVENUES generated on or after 1st July 1997. IOMED shall not be required to pay a royalty to ELAN of NET REVENUES on commercialisation of the products listed in Appendix D hereto which, the Parties acknowledge, are presently-marketed products of IOMED. In the event of any dispute relating to the foregoing provisions of this Paragraph, the Parties shall cause such dispute to be arbitrated before an experienced patent attorney. In such event the procedure set forth in Article VIII Paragraph 14 shall to the extent practicable apply to the conduct of such arbitration. 2.3. In the event that the Parties conclude a sublicense to or for the AQI TECHNOLOGY as set out in Article II Paragraph 9,then notwithstanding any other provisions of the terms of such sublicense to be agreed between the Parties, including the license royalty, IOMED shall pay to Elan International Services Limited, or such other AFFILIATE as currently holds the applicable rights pursuant to the AQI AGREEMENT, a royalty of seven and one half per cent (7.5%) of the NET REVENUES derived by IOMED from the third party referred to in Article II Paragraph 10 for a term to be agreed. 2.4. IOMED shall not discriminate in its commercialization strategy and pricing p...
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Royalty on NET REVENUES. 4.3.1. Rate. An amount equal to [***] of all Net Revenues of Licensed Products and Licensed Services, provided, however, that no royalty will be due for any Net Revenues of Licensed Products or Licensed Services, the making, selling, use or performance of which falls solely within the scope of a Valid Claim that has been pending without issuance for more than three (3) years following the date of issuance of the first substantive patent office action considering the patentability of such claim by the relevant patent office in the country or territory in which such claim is pending (after which time such pending claim shall cease to be a Valid Claim for purposes of Section 4.3.1 of this Agreement unless and until such claim becomes an issued claim) (each, a “Stale Claim”). For clarity, on a country-by-country basis, as long as a Licensed Product or Licensed Service is covered by at least one Valid Claim that is not a Stale Claim, the full royalty rate is due and payable to Harvard.
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Royalty on NET REVENUES. 2.1. In consideration of the license of the ELAN IONTOPHORETIC PATENT RIGHTS to IOMED, and subject to the provisions of Article IV Paragraphs 2.2. and 2.3, the royalty payable by IOMED to ELAN shall be **** percent (****%) on NET REVENUES generated on or after the EFFECTIVE DATE. 2.4. IOMED shall not discriminate in its commercialization strategy and pricing policy as between the PRODUCTS referred to in Article IV Paragraphs 2.1. and 2.2.
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Royalty on NET REVENUES. 2.1. In consideration of the license of the ELAN IONTOPHORETIC PATENT RIGHTS to IOMED, and subject to the provisions of Article IV Paragraphs 2.2. and 2.3, the royalty payable by IOMED to ELAN shall be **** percent (****%) on NET REVENUES generated on or after the EFFECTIVE DATE. 14 2.4. IOMED shall not discriminate in its commercialization strategy and pricing policy as between the PRODUCTS referred to in Article IV Paragraphs 2.1. and 2.2. 2.5. 15 Royalty Payments, Reports and Records 3.1. Within forty five (45) days of the end of each quarter, IOMED shall notify ELAN of the NET REVENUES of each of the PRODUCTS and arising from the exploitation of the ELAN IONTOPHORETIC INTELLECTUAL PROPERTY and/or the IOMED PATENT RIGHTS and/or the IOMED KNOW-HOW, for that preceding quarter. Payments shown by each calendar quarter report to have accrued shall be due on the date such report is due. All payments due hereunder shall be made to the designated bank account of ELAN in accordance with such timely written instructions as ELAN shall from time to time provide.
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Related to Royalty on NET REVENUES

  • Net Sales The term “

  • Gross Revenue The Gross Revenue shall be inclusive of installation charges, late fees, sale proceeds of handsets (or any other terminal equipment etc.), revenue on account of interest, dividend, value added services, supplementary services, access or interconnection charges, roaming charges, revenue from permissible sharing of infrastructure and any other miscellaneous revenue, without any set-off for related item of expense, etc.

  • Royalty Payments (1) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate. (2) LICENSEE shall pay earned royalties quarterly on or before February 28, May 31, August 31 and November 30 of each calendar year. Each such payment shall be for earned royalties accrued within LICENSEE’s most recently completed calendar quarter. (3) Royalties earned on sales occurring or under sublicense granted pursuant to this Agreement in any country outside the United States shall not be reduced by LICENSEE for any taxes, fees, or other charges imposed by the government of such country on the payment of royalty income, except that all payments made by LICENSEE in fulfillment of UNIVERSITY’s tax liability in any particular country may be credited against earned royalties or fees due UNIVERSITY for that country. LICENSEE shall pay all bank charges resulting from the transfer of such royalty payments. (4) If at any time legal restrictions prevent the prompt remittance of part or all royalties by LICENSEE with respect to any country where a Licensed Product is sold or a sublicense is granted pursuant to this Agreement, LICENSEE shall convert the amount owed to UNIVERSITY into US currency and shall pay UNIVERSITY directly from its US sources of fund for as long as the legal restrictions apply. (5) LICENSEE shall not collect royalties from, or cause to be paid on Licensed Products sold to the account of the US Government or any agency thereof as provided for in the license to the US Government. (6) In the event that any patent or patent claim within Patent Rights is held invalid in a final decision by a patent office from which no appeal or additional patent prosecution has been or can be taken, or by a court of competent jurisdiction and last resort and from which no appeal has or can be taken, all obligation to pay royalties based solely on that patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such final decision. LICENSEE shall not, however, be relieved from paying any royalties that accrued before the date of such final decision, that are based on another patent or claim not involved in such final decision, or that are based on the use of Technology.

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • Gross Revenues All revenues, receipts, and income of any kind derived directly or indirectly by Lessee from or in connection with the Hotel (including rentals or other payments from tenants, lessees, licensees or concessionaires but not including their gross receipts) whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles, excluding, however: (i) funds furnished by Lessor, (ii) federal, state and municipal excise, sales, and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iii) the amount of all credits, rebates or refunds to customers, guests or patrons, and all service charges, finance charges, interest and discounts attributable to charge accounts and credit cards, to the extent the same are paid to Lessee by its customers, guests or patrons, or to the extent the same are paid for by Lessee to, or charged to Lessee by, credit card companies, (iv) gratuities or service charges actually paid to employees, (v) proceeds of insurance and condemnation, (vi) proceeds from sales other than sales in the ordinary course of business, (vii) all loan proceeds from financing or refinancings of the Hotel or interests therein or components thereof, (viii) judgments and awards, except any portion thereof arising from normal business operations of the Hotel, and (ix) items constituting “allowances” under the Uniform System.

  • Earned Royalties In partial consideration of the License and subject to Sections 3.7 and 3.8, Company will pay to Penn: (i) a graduated royalty as set forth in the table below based upon worldwide annual Net Sales made by Company and its Affiliates (but not sublicensees) of any Designated Compound Sold for use in the Field of Use while covered in the country of Sale of expected use by a Valid Claim of the Assigned BMS Patents that is licensed to Company under the License (but no other Licensed Product): <$500 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$500 million but <$750 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$750 million but <$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% [CONFIDENTIAL TREATMENT REQUESTED] /*/ PATENT LICENSE AGREEMENT (ii) a royalty of [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%) of Net Sales made by Company and its Affiliates (but not sublicensees) for all Licensed Products that qualify as “Licensed Products” hereunder based on clause (b) of that definition and Sold while covered in the country of Sale of expected use by a Valid Claim of the Penn Existing Patents or Penn New Patents; provided that, notwithstanding any credits provided for in Section 3.7 but subject in all events to Section 3.8, royalties payable by Company for such Net Sales for such Licensed Products shall not be less than [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%). Only one royalty shall be due hereunder on the Sale of the same unit of Licensed Product. If a royalty accrues to a Sale of a Licensed Product under both clause (i) and (ii) above, then the higher rate of clause (i) shall apply. Only one royalty shall be due hereunder on the Sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one Valid Claim of the Penn Patent Rights.

  • Royalty Rate Licensee shall pay to Licensor three percent (3%) of the first $25 million of Revenues received by Licensee or its Affiliates, and two percent (2%) of all additional Revenues received by Licensee or its Affiliates, subject to reductions pursuant to Sections 4.2.2 and 4.2.3.

  • Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:

  • Earned Royalty In addition to the annual license maintenance fee, ***** will pay Stanford earned royalties (Y%) on Net Sales as follows:

  • Sublicense Income Company shall pay Medical School {***} of all Sublicense Income. Such amounts shall be due and payable within sixty (60) days after Company receives the relevant payment from the Sublicensee.

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