Royalty Rate. Licensee shall pay to Licensor three percent (3%) of the first $25 million of Revenues received by Licensee or its Affiliates, and two percent (2%) of all additional Revenues received by Licensee or its Affiliates, subject to reductions pursuant to Sections 4.2.2 and 4.2.3.
Royalty Rate. Royalties shall be computed at the rate of six percent (6%) of Licensee's Net Sales during the applicable quarterly period.
Royalty Rate. The royalty rate for Section 3.3.1 shall be determined as follows:
(a) In the event the First Commercial Sale of Licensed Product in a country in the Territory occurs prior to the date (the " *** Date") that is the earlier of (a) *** or (b) the *** *** *** *** *** Such royalty rate shall be in effect until the *** ; provided, however, that in addition to such royalty, TAP shall pay a royalty with respect to any *** in excess of the Sales Forecasts for each calendar year, or portion thereof, prior to the *** Date. Such additional royalty shall be in an amount calculated as follows: at the end of each calendar quarter TAP shall calculate the amount, if any, by which total *** for the quarter, net of any theretofore unutilized offset or credit calculated in accordance with the proviso contained in the immediately succeeding sentence, is in excess of the Sales Forecast for such quarter. The number of any excess prescriptions shall be multiplied by the *** for Licensed Products during such period and TAP shall pay an amount equal to *** *** *** of the resultant product of such calculation as additional royalty in accordance with Section 3.3.3 provided, that if the total *** for a quarter are below the Sales Forecast for such quarter, then TAP may offset such shortfall against any excess *** , calculated in accordance with the immediately preceding sentence, for any other quarter in the same calendar year and may take a credit against royalty payments otherwise due hereunder in the amount of *** *** , of the amount of such total *** shortfall, multiplied by the applicable *** , up to the amount of any additional royalty paid and not theretofore offset in accordance with the terms of this Section during such calendar year.
(b) From the period beginning on the *** Date in a country, the royalty rate in such country shall be based upon the aggregate Net Sales of all Licensed Product in all such countries in the Territory in each calendar year as follows:
(i) in Net Sales;
Royalty Rate. In consideration of the license granted herein, Licensee shall pay to Licensor a percentage royalty (the “Percentage Royalty”) in each Contract Year of * percent (*%) of Net Wholesale Sales, plus (i) * (*%) of Licensee’s Net Retail Sales during the first ten Contract Years of the Term, and (ii) * (*%) of Licensee’s Net Retail Sales thereafter.
Royalty Rate. As further consideration for Licensor’s grant of the rights and licenses to Company hereunder, Company shall, during each applicable Royalty Term, pay to Licensor a royalty on aggregate annual Net Sales of all Products in the Field in the Company Territory, for each Calendar Year, at the percentage rates set forth in Table 6.5(a)(i), Table 6.5(a)(ii) and Table 6.5(a)(iii) below (subject to Section 6.6 below).
(i) The royalty rates set forth in Table 6.5(a)(i) below will be applicable to Net Sales of all Products in the Ex-PRC Territory, except if there is a Territory Expansion Event that results from the PRC ROFN, in which case annual Net Sales of all Products per Calendar Year for purposes of determining the applicable royalty rate will be calculated on Net Sales of all Products in the Company Territory unless the Agreement resulting from the PRC ROFN provides otherwise. Table 6.5(a)(i) For Net Sales of all Products up to and including USD $[...***...] [...***...]% For that portion of Net Sales of all Products that are greater than USD $[...***...] and less than or equal to USD $[...***...] [...***...]% For that portion of Net Sales of all Products that are greater than USD $[...***...] and less than or equal to USD $[...***...] [...***...]% For that portion of Net Sales of all Products that are greater than USD $[...***...] and less than or equal to USD $[...***...] [...***...]% For that portion of Net Sales of all Products that are greater than USD $[...***...] and less than or equal to USD $[...***...] [...***...]% For that portion of Net Sales of all Products that are greater than USD $[...***...] and less than or equal to USD $[...***...] [...***...]% For that portion of Net Sales of all Products that are greater than USD $[...***...] and less than or equal to USD $[...***...] [...***...]% For that portion of Net Sales of all Products that are greater than USD $[...***...] [...***...]%
(ii) The royalty rates set forth in Table 6.5(a)(ii) below will be applicable to Net Sales in the PRC Territory only in the case of (A) the occurrence of a Territory *Confidential Information, indicated by [...***...], has been omitted from this filing and filed separately with the Securities and Exchange Commission. Expansion Event that results from exercise of the PRC Commercialization Option and (B) if Product is being sold only in the PRC Territory and not in the Ex-PRC Territory: Table 6.5(a)(ii) For Net Sales of all Products up to and including USD $[...***...] [...
Royalty Rate. As consideration for the license rights granted to Celgene under this Agreement, including pursuant to Section 5.1, Celgene will pay GlobeImmune royalties on Net Sales by Celgene, its Affiliates and its Sublicensees of all Licensed Products, the manufacture, use, sale, offer for sale, or importation of which is covered or claimed by a Valid Claim of a GlobeImmune Licensed Patent (as determined on a Licensed Product-by-Licensed Product basis and a country-by-country basis), during a Calendar Year, on a Licensed Product-by-Licensed Product basis, in any countries of the Territory in which the Licensed Product is sold, during the Royalty Term for such Licensed Product, in the amounts as follows: [*] [* ] [*] [* ] [*] [* ]
Royalty Rate. Subject to the remainder of this Section 4.3, Licensee shall make [***] non-refundable royalty payments to Licensor on the Net Sales of each Product sold in the Territory, as calculated by multiplying the applicable royalty rate set forth in the table below by the corresponding amount of incremental, aggregated annual Net Sales of such Product sold in the Territory in the applicable calendar year.
Royalty Rate. Subject to the terms and conditions of this Agreement, Licensee will pay to POZEN royalties based on the aggregate annual Net Sales of Products sold by Licensee, its Affiliates or Sublicensees, at the rate of 10% of aggregate Net Sales of Products sold in the Territory.
Royalty Rate. (a) Subject to the provisions of this Section 0, in consideration for the licenses granted to Inverness herein, Inverness shall pay to BioCurex a royalty on each Test Sold during the applicable Royalty Term equal to the Minimum Royalty Value for such Test in the country of sale plus * of the amount by which the Average Net Sales Price for such Product in such country exceeds *. By way of example, if Inverness's Average Net Sales Price of a Product in a given country in any calendar quarter during the Royalty Term for such country is less than *, then the royalty payable for each such Product Sold during such calendar quarter would be equal to the Minimum Royalty Value for such Product in such country. If Inverness's Average Net Sales Price for that Product in that country during any calendar quarter during the Royalty Term for such country is *, then the royalty payable for each such Product Sold during such calendar quarter would be equal to the Minimum Royalty Value for such Product in such country plus *.
(b) If Inverness offers combination Products that assay targets other than RECAF, then, for purposes of calculating royalties hereunder, "Average Net Sales Price" of such Product shall be equal to the Average Net Sales Price of Tests sold individually by Inverness or its Affiliate, provided that the number of Tests sold individually is equal or greater than 25% of the number of Tests sold in combination with other products. If the number of Tests sold individually is less than 25% of the number of Tests sold in combination with other products, then, for purposes of calculating royalties hereunder, "Net Sales" of such Product shall be equal to Net Sales calculated in accordance with Section 0 divided by the total number of different antibodies contained in such Product that bind to and are directed against known, non-antibody targets that do no represent experimental controls.
(c) If Inverness offers free Tests to a Third Party as a promotion that includes other Inverness products, then such Tests shall generate royalties in accordance with this Section 0 unless BioCurex agrees, in writing, to lower or forfeit the royalty for that particular promotion or promotional campaign.
Royalty Rate. In addition, LICENSEE shall pay SYSTEM a royalty on NET SALES of COMMERCIAL SEED of each HYBRID, which will be calculated in accordance with this Article 3.02.
