Royalty Period. The obligation to pay royalties under Section 5.1 -------------- shall continue for the following periods: (A) With respect to sales of LICENSED PRODUCTS subject to such royalties, except as otherwise set forth in Section 5.7 hereof, for the life of such patents until the last of said patent rights covering such products, its use or its manufacturing expires, after which LICENSEE's license under Article 2 above shall become fully paid-up and royalty-free. (B) With respect to sales of LICENSED PRODUCTS subject to such royalties which make use of all or a portion of the TECHNOLOGY which are not covered by PATENT RIGHTS, for a period of five (5) years from the date of first sale of such LICENSED PRODUCT, after which time LICENSEE's license under Article 2 above shall become fully paid-up and royalty free. Notwithstanding the foregoing, in the event that the TECHNOLOGY used in a LICENSED PRODUCT comes into the public domain through no act of LICENSEE, LICENSEE's license under Article 2 above shall become fully paid-up and royalty free.
Appears in 4 contracts
Samples: License Agreement (Control Delivery Systems Inc/Ma), License Agreement (Control Delivery Systems Inc/Ma), License Agreement (Control Delivery Systems Inc/Ma)