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). [***]% [***] [***]% [***] [***]% [***] [***]% [***] [***]% [***] [***]% [***] 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. 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). [***] [***] [***] [***] [***] [***] [***] [***] [***] 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. 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:
(i) [**] percent ([**]%) of Net Sales in the United States for the first [**] million dollars ($[**]) in Net Sales in the United States in a given Calendar Year;
(ii) [**] percent ([**]%) of Net Sales in the United States for the next [**] dollars ($[**]), up to and including, [**] dollars ($[**]) in Net Sales during the same Calendar Year;
(iii) [**] percent ([**]%) of Net Sales in the United States in excess of [**] dollars ($[**]) during the same Calendar Year; and
(iv) [**] percent [**]%) of Net Sales outside the United States in the same Calendar Year. By way of example, if, in the year 2005, EyeTech Net Sales in the United States were equal to [**] dollars ($[**]), and [**] dollars ($[**]) outside the United States, then the Royalty payable to Gilead hereunder would equal [**] dollars ($[**]), calculated in the following manner: AMOUNT OF NET SALES ROYALTY RATE ROYALTY ---------------------------- ------------ ------- First $[**] (United States) [**]% $ [**] Next $[**] (United States) [**]% $ [**] Next $[**] (United States) [**]% $ [**] $[**] (outside United States) [**]% $ [**] ---------------------------- ------ Total Royalty $ [**] By way of further example, if, through the second Calendar Quarter in the year 2005, EyeTech Net Sales in the United States were equal to [**] dollars ($[**]), and [**] dollars ($[**]) outside the United States, then the Royalty payable to Gilead hereunder after such Calendar Quarter would equal [**] dollars ($[**]), calculated in the following manner: AMOUNT OF NET SALES ROYALTY RATE ROYALTY ------------ ------- First $[**] (United States) [**]% $ [**] Next $[**] (United States) [**]% $ [**] $[**] (outside United States) [**]% $ [**] ---------------------------- ------ Total Royalty $ [**]
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 ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. or reductions set forth below in this Section 8.3). [***] [***] [***] [***] [***] [***] 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 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 8.3): [***].
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:
(i) [ ] of worldwide Net Sales for the first [ ] in Net Sales in a given calendar year;
(ii) [ ] of worldwide Net Sales for the [ ] in Net Sales during the same calendar year; and
(iii) [ ] of worldwide Net Sales for Net Sales in excess of [ ] during the same calendar year. By way of example, if, in the year 2005, Roche's total Net Sales equal [ ] then the Royalty payable to Gilead hereunder shall equal [ ] calculated in the following manner: AMOUNT OF NET SALES ROYALTY RATE ROYALTY PAYMENT First [ ] Next [ ] Next [ ] --------------- Total Royalty [ ]
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). [***]% 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. 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:
(i) per Equivalized Gallon for the first *** Equivalized Gallons Sold during a "Kidde Fiscal Year";
(ii) per Equivalized Gallon for each Equivalized Gallon Sold, during a "Kidde Fiscal Year," in excess of *** Equivalized Gallons and up to *** Equivalized Gallons; and
(iii) per Equivalized Gallon for each Equivalized Gallon Sold in excess of *** Equivalized Gallons during a "Kidde Fiscal Year".
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):
(i) [***] of Net Sales Worldwide for the first two hundred and fifty million dollars ($250,000,000) of Net Sales Worldwide in a given Calendar Year;
(ii) [***] of Net Sales Worldwide for the next two hundred and fifty million dollars ($250,000,000) of Net Sales Worldwide during the same Calendar Year; and
(iii) [***] for the amount of Net Sales Worldwide that exceed five hundred million dollars ($500,000,000) during the same Calendar Year; *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. By way of example, if, in the year 2005, EyeTech Net Sales Worldwide were equal to six hundred million dollars ($600,000,000), then the Royalty payable to CMI hereunder would equal [***] calculated in the following manner: AMOUNT OF NET SALES ROYALTY RATE ROYALTY ------------------- ------------ ------- First $250 Million [***] [***] Next $250 Million [***] [***] Next $100 Million [***] [***] Total Royalty [***] DIAGNOSTIC PRODUCTS (BOTH MURINE AND HUMANIZED FORMS):
(a) [***] of Net Sales Worldwide.
Royalty on Products. Hanmi will pay to RAPT a royalty on Net Sales of Products, on a Product by Product basis, by Hanmi, 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 [***], subject to the reductions and offsets as may be applicable as set forth below in this Section. [***] [***] [***] [***] [***] [***]
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:
(i) Fourteen percent (14%) of worldwide Net Sales for the first $200 million in Net Sales in a given calendar year;
(ii) Eighteen percent (18%) of worldwide Net Sales for the next $200 million in Net Sales during the same calendar year; and
(iii) Twenty-two percent (22%) of worldwide Net Sales for Net Sales in excess of $400 million during the same calendar year. By way of example, if, in the year 2005, Roche’s total Net Sales equal $450 million, then the Royalty payable to Gilead hereunder shall equal $75 million, calculated in the following manner: First $200 Million 0.14 $ 28.0 Million Next $200 Million 0.18 36.0 Million Next $50 Million 0.22 11.0 Million Total Royalty $ 75.0 Million
