Royalty on Products. BMS will pay to Ambrx a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory based on the Net Sales tiers and royalty rates as set forth in the table below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.4). Annual Net Sales (Determined Separately for Each Product) Base Royalty Rate for Product Containing ARX618 Base Royalty Rate for Product Not Containing ARX618 [***] [***] [***] [***] [***] [***] [***] [***] [***] For clarity, the Net Sales thresholds in the table above shall be determined on a Product-by-Product basis. By way of example, if the aggregate Net Sales of a Product containing ARX618 in the Territory in a particular Calendar Year are [***] the amount of royalties payable hereunder shall be calculated as follows (subject to any applicable reductions under this Section 8.4): [***].
Royalty on Products. BMS will pay to CytomX a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory in the Field based on the Net Sales tiers and royalty rates as set forth in the table below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.5). Table 2 Base Royalty Rate Portion of Total Annual Net Sales in the Territory (Determined Separately for Each Product) [***]% [***] [***]% [***] [***]% [***] [***]% [***] [***]% [***] [***]% [***] ***Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. For clarity, the Net Sales thresholds in the table above shall be determined on a Product-by-Product basis. [***] Notwithstanding the foregoing, subject to the last sentence of clause 8.5(f) below, in each country where there is no Valid Claim of the Product Specific Patents or CytomX Patent Rights that would be infringed by the sale of such Product in such country absent a license with respect to such Product Specific Patents or CytomX Patent Right under this Agreement, then the Base Royalty Rate (subject to any offsets or reductions set forth below in this Section 8.5) as applied to the sale of such Product in each such country shall be reduced by [***] (i.e., the Base Royalty Rate shall be [***] the rates set forth above in Table 2 above).
Royalty on Products. EyeTech shall pay Gilead a royalty payment on Net Sales of Products that are made or sold during the Royalty Term and that are sold by EyeTech, its Affiliates or sublicensees (the "Royalty") according to the following rates, as adjusted in accordance with Sections 3.3(b) below:
Royalty on Products. Roche shall pay Gilead a royalty payment on Net Sales of Product sold by Roche, its Affiliates or licensees (the "Royalty") according to the following rates, as adjusted in accordance with subsections (c), (d), (e) and (f) below:
Royalty on Products. During the Term of this Agreement, Kidde agrees to pay USGN, a royalty payment on Equivalized Gallons of Product Sold during a Kidde Fiscal Quarter (as defined in Section 6.4 below) by Kidde, its Affiliates and sublicensees (the "Royalty"), according to the following rates, as may be adjusted in accordance with subsection (b) below:
Royalty on Products. EyeTech shall pay CMI a royalty payment on Net Sales of Products that are made or sold during the Royalty Term and that are sold by EyeTech, its Affiliates or sublicensees (the "Royalty") according to the following rates, as adjusted in accordance with Sections 3.3(b) below: THERAPEUTIC PRODUCTS (BOTH MURINE AND HUMANIZED FORMS):
Royalty on Products. BMS will pay to CytomX a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory in the Field based on the Net Sales tiers and royalty rates as set forth in the table below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.5). Table 2 Base Royalty Rate Portion of Total Annual Net Sales in the Territory (Determined Separately for Each Product) [***]% Up to and equal to $1 billion; [***]% Greater than $1 billion and less than or equal to $2 billion; [***]% Greater than $2 billion and less than or equal to $3 billion; [***]% Greater than $3 billion and less than or equal to $4 billion; [***]% Greater than $4 billion and less than or equal to $5 billion; and [***]% Greater than $5 billion. For clarity, the Net Sales thresholds in the table above shall be determined on a Product-by-Product basis. By way of example, if the total annual Net Sales of a Product in the Territory in a particular Calendar Year are $2.8 billion, the amount of royalties payable hereunder shall be calculated as follows (subject to any applicable reductions under this Section 8.5): ([***]% x $1 billion) + ([***]% x $1 billion) + ([***]% x $800 million) = $[***] million. Notwithstanding the foregoing, subject to the last sentence of clause 8.5(f) below, in each country where there is no Valid Claim of the Product Specific Patents or CytomX Patent Rights that would be infringed by the sale of such Product in such country absent a license with respect to such Product Specific Patents or CytomX Patent Right under this Agreement, then the Base Royalty Rate (subject to any offsets or reductions set forth below in this Section 8.5) as applied to the sale of such Product in each such country shall be reduced by fifty percent (50%) (i.e., the Base Royalty Rate shall be 1⁄2 the rates set forth above in Table 2 above).
Royalty on Products. Royalty payment for Qualified Reserve Program Revenue shall be made by Roche to Gilead in accordance with Section 5.3(h). Roche shall pay Gilead a royalty payment on Net Sales of Product sold by Roche, its Affiliates or licensees (the “Royalty”) according to the following rates, as adjusted in accordance with subsections (c), (e) and (f) below:”
Royalty on Products. 11.3.1 Because the parties agree that the Cardia Patent Rights, the CARDIA Trademark, and the Know-How relating to the Product each deserve royalty payments of differing amounts, and each would last for a different term, and because the parties have determined, solely for reasons of convenience, that a blended royalty rate for the Cardia Patent Rights, the CARDIA Trademark, and the Know-How relating to the Product will be advantageous for both AMBI and W-R, the parties hereby agree that W-R shall pay to AMBI in respect of Net Sales of Product made by W-R and its Affiliates running royalties of (***)% for so long as W-R shall sell the Product. However, if the total amount of royalties paid by W-R to AMBI in any year from the Effective Date of this Agreement for the Product is less than (***), then within thirty (30) days of the end of such year, W-R shall pay to AMBI the difference between (***) and the total amount of royalties paid in such year for the Product.
Royalty on Products. BMS will pay to CytomX a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory in the Field based on the Net Sales tiers and royalty rates as set forth in Tables 2a or Table 2b, as applicable, below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.5).
