Common use of Royalty Payable on Combination Products Clause in Contracts

Royalty Payable on Combination Products. The royalty payable on Combination Products shall be the royalty rate set forth in Section 2.2.1 above based on a pro rata portion of Net Sales of Combination Products in accordance with the following formula: X = A/B, where X = the pro rata portion of Net Sales attributable to Licensor Patent Rights or other Licensor Technology licensed herein (expressed as a percentage), and A = the fair market value of the component in the Combination Product utilizing Licensor Technology licensed hereunder, and B = A plus the fair market value of one or more additional Active Ingredients components. The fair market values described above shall be determined by the parties hereto in good faith. In the absence of agreement as to the fair market value of all of the components contained in a Combination Product, the fair market value of each component shall be determined by arbitration in accordance with the provisions of Section 10.2 hereof.

Appears in 2 contracts

Samples: License Agreement (Ista Pharmaceuticals Inc), License Agreement (Ista Pharmaceuticals Inc)

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Royalty Payable on Combination Products. The royalty payable on Combination Products shall be the royalty rate set forth in Section 2.2.1 2.3.1 above based on a pro rata portion of Net Sales of Combination Products in accordance with the following formula: X = A/B, where X = the pro rata portion of Net Sales attributable to Licensor Scripps Patent Rights or other Licensor Scripps Technology licensed herein (expressed as a percentage), and A = the fair market value of the component in the Combination Product utilizing Licensor Scripps Technology licensed hereunder, and B = A plus the fair market value of one or more additional Active Ingredients componentsall other components in the Combination Product using other licensed rights. The fair market values described above shall be determined by the parties hereto in good faith. In the absence of agreement as to the fair market value of all of the components contained in a Combination Product, the fair market value of each component shall be determined by arbitration in accordance with the provisions of Section 10.2 hereof.

Appears in 1 contract

Samples: License Agreement (Sangamo Biosciences Inc)

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Royalty Payable on Combination Products. The royalty payable on Combination Products shall be the royalty rate set forth in Section 2.2.1 above based on a pro rata portion of Net Sales of Combination Products in accordance with the following formula: X = A/B, where X = the pro rata portion of Net Sales attributable to Licensor Scripps Patent Rights or other Licensor Scripps Technology licensed herein (expressed as a percentage), and A = the fair market value of the component in the Combination Product utilizing Licensor Scripps Technology licensed hereunder, and B = A plus the fair market value of one or more additional Active Ingredients componentsall other components in the Combination Product using other licensed rights. The fair market values described above shall be determined by the parties hereto in good faith. In the absence of agreement as to the fair market value of all of the components contained in a Combination Product, the fair market value of each component shall be determined by arbitration in accordance with the provisions of Section 10.2 hereof.

Appears in 1 contract

Samples: Research Funding and Option Agreement (Microislet Inc)

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