Royalty Payment. In partial consideration of the grant of rights to Schering by ICN under this Agreement, Schering shall pay ICN a royalty in the following amount:
(a) with respect to sales of Product in the EU, [REDACTED] of Net Sales, [REDACTED], but in no event less than [REDACTED] of Net Sales; and
(b) with respect to sales of Product in the Territory, other than in the EU: [REDACTED]; [REDACTED]; and [REDACTED]; provided, however, that in no event shall the royalty on sales of the Product in any country in the Territory (including the EU) be less than [REDACTED] per capsule sold based on a [REDACTED], [REDACTED] per capsule sold based on a [REDACTED], and [REDACTED] sold based on a [REDACTED], such amounts to be proportionately adjusted based on a scale of [REDACTED] for other capsule sizes less than [REDACTED] and based on a scale of [REDACTED] for other capsule sizes in excess of [REDACTED]; provided further, however, that if in any country in the Territory ICN is also marketing the Product, and if at any time ICN's current actual net selling price for the Product is less than [REDACTED] of Schering's current actual net selling price for the Product (based on the same capsule size and comparable terms and conditions, and other than due to increases in price by Schering), then such minimum royalty shall no longer apply to sales of the Product by Schering in such country (and such minimum royalty shall not be reinstated). In the event any third party is also marketing oral ribavirin in any country in the Territory, then Schering shall not be obligated to pay the minimum royalty provided for in this Section 6.2 for that country. [REDACTED] For purposes of this Section 6.2, the current actual net selling price shall be determined on a country-by-country basis, for each calendar quarter, by dividing the Net Sales of capsules of a particular capsule strength by the total number of capsules of the same strength that were sold and sampled in such country during such period. Each Party shall have the right to audit the books and records of the other Party for the purpose of verifying the current actual net selling price, in accordance with the procedures set forth in Section 6.10.
Royalty Payment. For all leased substances that are sold during a particular month, Lessee shall pay royalties to Lessor on or before the end of the next succeeding month. Royalty payments shall be accompanied by a verified statement, in a form approved by Lessor, stating the amount of leased substances sold, the gross proceeds accruing to Lessee, and any other information reasonably required by Lessor to verify production and disposition of the leased substances or leased substances products. Delinquent royalties may be subject to late fees and penalties in accordance with Lessor’s Rules.
Royalty Payment. For all coal severed and removed from the Leased Premises that is used, sold, transported or otherwise disposed of during a particular month, Lessee shall pay royalties to Lessor on or before the end of the next succeeding month. Royalty payments shall be accompanied by a verified statement, in a form approved by Lessor, stating the amount of coal sold or otherwise disposed of, the gross proceeds accruing to Lessee, the calculation of allowable deductions, and any other information reasonably required by Lessor to verify production and disposition of the coal or coal products. In the event that Lessee uses or disposes of coal pursuant to a non-arm’s-length contract, or uses coal for generation of electricity or for gasification, liquefaction, in situ processing, or other method of extracting energy from such coal, Lessee shall notify Lessor of such use or disposal on or before the end of the next succeeding month following such use or disposal, and shall pay royalties upon Lessee’s good faith estimate of the value of such coal, subject to Lessor’s right to determine the value of such coal pursuant to paragraph 6.1, Production Royalties. After reversion of the Leased Premises to the United States pursuant to paragraph 1.4, Reversion of Leased Premises to United States, Lessee shall report production and royalties monthly in accordance with applicable federal regulations.
Royalty Payment. For each Drug Product sold by Lillx, Xxxxx Xxxiliates, and any sublicensees of Lilly or its Affiliates, Lilly shall pay to Arena royalty payments based upon Net Sales within three (3) months of December 31 for the Annual period to which the Net Sales applies as follows:
(a) shall be due where the Annual Net Sales is less than ************, and such Net Sales shall be CPI Indexed according to Section 10.2 below;
(b) of the portion of Annual Net Sales between ************ and *********** shall be due from Lilly to Arena, and such Net Sales shall be CPI Indexed according to Section 10.2 below;
(c) of the portion of Annual Net Sales between ************ and ************* shall be due from Lilly to Arena, and such Net Sales shall be CPI Indexed according to Section 10.2 below;
(d) of the portion of Annual Net Sales between ************** and ************** shall be due from Lilly to Arena, and such Net Sales shall be CPI Indexed according to Section 10.2 below;
(e) of the portion of Annual Net Sales between ************** and *************** shall be due from Lilly to Arena, and such Net Sales shall be CPI Indexed according to Section 10.2 below;
(f) of the portion of Annual Net Sales between ************ and ************** shall be due from Lilly to Arena, and such Net Sales shall be CPI Indexed according to Section 10.2 below;
(g) of the portion of Annual Net Sales between ************** and ************** shall be due from Lilly to Arena, and such Net Sales shall be CPI Indexed according to Section 10.2 below;
(h) of the portion of Annual Net Sales greater than ************ shall be due from Lilly to Arena, and such Net Sales shall be CPI Indexed according to Section 10.2
Royalty Payment. (a) The Licensee agrees to pay the Licensor a royalty ("Royalty") of * percent (*) based on Net Sales (as defined herein) of Licensed Products by the Licensee. Such Royalties shall accrue when the Licensed Products are sold, shipped, distributed, billed or paid for, whichever occurs earliest.
(b) Royalty payments shall be made by the Licensee to the Licensor on all Licensed Products sold, shipped or distributed by the Licensee, even if not billed or if billed at a discount. Royalty payments to be made in respect of Licensed Products sold, shipped or distributed but not billed or if billed at a discount (such as in the case of introductory offers, samples, promotions and the like, or in the case of sales, shipments or distributions to individuals or companies which are affiliated or associated with or subsidiaries of the Licensee), shall be based upon the Licensee's then usual wholesale price (the "Usual Wholesale Price") for such Licensed Products sold to arm's length third parties in the course of the Licensee's normal sales, shipment and distribution activities.
(c) Where the billed price for any Licensed Products is less than the Usual Wholesale Price for such Licensed Products, the Royalty payments shall be based upon the Usual Wholesale Price.
(d) The Licensee further agrees to pay the Licensor a non-refundable, minimum guaranteed annual royalty of * Dollars (* U.S.) for its use of the rights licensed hereunder during the Term (the "Guaranteed Minimum Royalty"). The Guaranteed Minimum Royalty shall be paid as follows: [Material marked with an asterisk has been omitted from this document pursuant to a request for confidential treatment and has been filed separately with the Securities and Exchange Commission.]
(i) Dollars (* U.S.) upon execution of this Agreement; an additional * Dollars (* U.S.) by September 15, 1999; an additional * Dollars (* U.S.) by December 15, 1999; and an additional * Dollars (* U.S.) by April 15, 2000; and
(ii) An additional * Dollars (* U.S.) by July 15, 2000; an additional * Dollars (* U.S.) by September 15, 2000; an additional * Dollars (* U.S.) by December 15, 2000; and an additional * Dollars (* U.S.) by April 15, 2001
(e) The Guaranteed Minimum Royalty payments shall be paid by the Licensee as specified above, whether or not the Licensee uses the rights licensed hereunder, and no part of such guaranteed payments shall be repayable to the Licensee except as specifically recited herein.
(f) Royalty payments based on Net Sa...
Royalty Payment. Royalty payments shall be made by Xxxxxx to SuperGen in United States Dollars within sixty (60) days after the last day of February, May, August, and November for royalties accruing on Net Sales during the three (3) preceding Months.
Royalty Payment. Any and all royalties accruing to CCSI under this --------------- Agreement, shall be paid by GE within forty-five (45) days following the end of each quarter year period of the calendar year during which the royalties have accrued. In this regard, all monies due as royalty payments under this Agreement shall be payable in the United States funds collectible at par in San Francisco, California.
Royalty Payment. Zai will pay to Paratek the royalties for each Calendar Quarter within [*] days after the end of such Calendar Quarter. If no royalty is due for any Calendar Quarter following commencement of the reporting obligation, Zai will so report.
Royalty Payment. (a) NeoSan will accrue and owe a royalty to Lilly equal to [**] percent ([**]%) of Net Sales of a NeoSan New Product in a Calendar Quarter in the United States by a Permitted Seller (collectively referred to as the "Royalty Payment"), to the extent, and only to the extent, that such Net Sales of all NeoSan New Products plus all Net Sales of Products by Permitted Sellers in such Calendar Quarter in the United States exceed, in the aggregate, the Base Year's Average Quarterly Net Sales. For any partial Calendar Quarter in which a NeoSan New Product is sold in the United States, for purposes of determining if and to what extent a Royalty Payment is due and owing with respect to such NeoSan New Product, the Net Sales of all NeoSan New Products in the United States plus all Net Sales of Products by Permitted Sellers in the United States in such Calendar Quarter will be deemed to be equal to the product of (a) the total of such Net Sales multiplied by (b) the quotient of the number of days in such partial Calendar Quarter divided by ninety (90) days. For purposes of clarity and not in limitation thereof, no royalties will be owed by NeoSan or its Affiliates with respect to any Net Sales of Products or any pharmaceutical product not coming within the definition of "NeoSan New Product". This Section 2.3(a) will be in force with respect to each NeoSan New Product in the United States until ten (10) years from the commercial launch of such NeoSan New Product in the United States.
(b) NeoSan will pay to Lilly the Royalty Payment attributable to Net Sales of NeoSan New Products made during a Calendar Quarter within sixty (60) days of the end of such Calendar Quarter, without regard to whether the Permitted Seller's customer has actually paid NeoSan. For purposes of this Agreement, a Net Sale of a NeoSan New Product will be deemed to have been made as of the recorded sale date according to GAAP, without regard to whether its customer has actually paid NeoSan. Within sixty (60) days of the end of such Calendar Quarter, NeoSan will provide Lilly with a written report detailing the Net Sales of NeoSan New Products made during the previous Calendar Quarter. All payments to Lilly pursuant to this Section 2.2 will be made by NeoSan by wire transfer on its due date to an account designated by Lilly no less than two business days prior to the date of payment, unless otherwise instructed by Lilly.
Royalty Payment. After the receipt of each royalty report provided by Zai under Section 9.4(d) above, TPTX shall issue to Zai an invoice for the amount of Royalty Payment set forth therein. Zai shall pay to TPTX the royalties for each Calendar Quarter within […***…] days after the receipt of the invoice from TPTX. If no royalty is due for any Calendar Quarter following commencement of the reporting obligation, Zai shall so report.
