Royalty Payments; Royalty Cap. (a) Acer shall pay Relief a continuing royalty equal to ten percent (10%) of the Net Sales of the Product in Acer Territory (the “Royalty” or “Royalty Payments”) until the cumulative Royalty Payments, together with the License Participation and the Divestment Participation (as defined hereinafter) made to Relief reach a total aggregate amount of Forty-Five Million Dollars ($45,000,000) (the “Royalty Cap”).
