Royalty Sharing. The [ * * * * ] generated from Members' use of the Trac Medical Service will be shared between Trac Medical Solutions and Homecare Association according to the terms and conditions set forth below and the projections set forth at Exhibit E to this Agreement. The [ * * * * ] may be referred to herein as "Royalties". Trac Medical and Homecare Association hereby agree to share Royalties derived from Members as follows: [ * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.]
(a) The period of time commencing on the date that Homecare Association shall be entitled to receive Royalty payments and expiring on the termination of this Agreement (including renewal periods) shall be referred to herein as the "Royalty Payment Period." The Royalty Payment Period shall commence on the sooner to occur of (A) the date on which Trac Medical [ * * * * ] or (B) [ * * * * ].
(b) For the [ * * * * ] of the Royalty Payment Period, Homecare Association shall be entitled to receive a Royalty share equal to [ * * * *].
(c) For the [ * * * * ] of the Royalty Payment Period, Homecare Association shall be entitled to a Royalty share equal to [ * * * * ].
(d) For the [ * * * * ] of the Royalty Payment Period, Homecare Association shall be entitled to a Royalty share equal to [ * * * * ].
(e) For the [ * * * * ] of the Royalty Payment Period, Homecare Association shall be entitled to a Royalty share equal to [ * * * * ].
(f) For the [ * * * * ] of the Royalty Payment Period, Homecare Association shall be entitled to a Royalty share equal to [ * * * * ].
(g) Thereafter and for the duration of the Royalty Payment Period, Homecare Association shall be entitled to a Royalty share equal to [ * * * * ]. The Royalty Payment Period shall expire in accordance with Section 8 of this Agreement.
Royalty Sharing. That OHSU acknowledges that I and any co-inventors or coauthors may be entitled to receive a percentage of net income, if any, received by OHSU from licensing or selling intellectual property rights assigned under paragraphs 2 and 3 above under applicable provisions of OHSU policies.
Royalty Sharing. To the extent that Partner licenses any Subject Invention to a third party which results in income therefrom, Recipient and Partner agree to share the net income therefrom fifty (50%) to Recipient and fifty percent (50%) to Partner. Net income is gross income less any expenses and costs associated with the licensing of a Subject Invention including, but not limited to, the cost of preparing, prosecuting and maintaining patents covering said Subject Inventions. Partner agrees to provide to Recipient annual reports setting forth the licensing activity for Subject Inventions by Partner during the reporting period. Partner agrees that any agreement to license a Subject Invention will be subject to the royalty sharing agreement between Partner and Recipient.
Royalty Sharing. To the extent that Partner licenses to a third party any copyrighted work produced in the performance of this Agreement which results in income therefrom, Recipient and Partner agree to share the net income therefrom fifty (50%) to Recipient and fifty percent (50%) to Partner. Net income is gross income less any expenses and costs associated with the licensing and protection of the copyrighted work including, but not limited to, the costs of obtaining and maintaining the copyright. Partner agrees to provide Recipient annual reports setting forth the licensing activity for said copyrighted works by Partner during the reporting period. Partner agrees that any agreement to license a copyrighted work produced in the performance of this Agreement will be subject to the royalty sharing agreement between Partner and Recipient.
Royalty Sharing. Subject to paragraph 6.04, the Parties shall share equally any Royalty Fees received as a result of a sublicensing of any of Patents. If this agreement is terminated under the provisions of section 6.02(a) or 6.02(b), future royalty payments under sublicenses sold under this agreement will be shared equally by the parties. Royalty Fees owing to Licensor shall be paid to Licensor within two (2) weeks after the close of each calendar quarter in which such Royalty Fees were received by Licensee.
Royalty Sharing. All Royalty Fees collected by Licensee under this License shall be reduced by expenses up to $50,000 annually Licenses incurs for (i) the collection or monitoring of Royalty Fees, (ii) the marketing or sublicensing of the Patents, and (iii) the prosecution and maintenance of any Patents and patent applications under Article 5. Expenses in excess of $50,000 annually will be borne by the Licensee alone.
Royalty Sharing. Where the Parties agree to conclude a license with a Third Party, or where a license to a Disputed Patent or other Third Party Patent is obtained pursuant to Section 7.4.2, the sharing of royalties and other payments to be paid under any such Third Party license shall be as follows:
(i) Any payments to be made under any such Third Party license (including royalties) with respect to the Territory and the Field shall be borne by the Parties [***] (unless otherwise mutually agreed), except that any such payments with respect to manufacturing of Product by Nycomed for the Territory shall be borne [***].
(ii) If such Third Party license covers countries outside the Territory only or outside the Field only, Nycomed shall be solely responsible for any payments to be made under any such Third Party license.
(iii) If any such Third Party license should cover the Territory and countries outside the Territory or activities both inside the Field and outside the Field, the Parties shall undertake good faith negotiations to reasonably apportion the bona fide payments to be made under any such Third Party license; provided that (y) Nycomed shall be solely responsible for all payments in respect of the ROW (whether in or outside the Field), in respect of activities outside the Field (whether in the Territory or the ROW), and in respect of manufacturing of Product by Nycomed for the Territory and (z) the Parties shall be responsible for all payments in respect of the Territory and in the Field [***] (other than with respect to manufacturing of Product by Nycomed for the Territory). In case of any disagreement, the issue shall be resolved by means of Third Party Expert Determination pursuant to Section 20.4.
Royalty Sharing. Company agrees that in the event that revenue is realized by the Company or one of the Company's wholly owned or partially owned subsidiaries ("VAPE Affiliates"), as applicable, from the exploitation of intellectual property that is developed with Executive as the inventor or co-inventor, then the Company will pay Executive as follows:
i. For licenses to parties other than the Company or VAPE Affiliates, fifteen percent (15%) of Net Royalties received by the Company and/or applicable VAPE Affiliate on all such licenses and extensions thereof in perpetuity;
ii. For licenses to or other exploitation by the Company or a VAPE Affiliate, 5% of Net Profit received by the Company or applicable VAPE Affiliate from the sales of products incorporating the intellectual property in perpetuity.
iii. For purposes this of Subsection 2(d):
(1) Net Royalties" shall be calculated by determining gross royalties received and subtracting any unrecouped out-of-pocket costs incurred by the Company and/or applicable VAPE Affiliate for filing, prosecution, licensing and patent defense directly related to the specific rights that are licensed.
(2) Net Profit" shall be calculated by determining the net profit received by the Company or applicable VAPE Affiliate from the sales of the product incorporating the invention starting with the gross revenue from sales and subtracting the costs incurred by the Company, and any returns, sales allowances and sales discounts.
iv. With respect to intellectual property in which Executive is a co-inventor but not the sole inventor, Executive's share of Net Royalties or Net Profit, as applicable, will be will be prorated in accordance with Executive's percentage contribution to the subject invention ("Co-Inventor Percentage"). Company and Executive agree to negotiate Executive's Co-Inventor Percentage for each such invention, on a case-by-ease basis, upon first issuance of a patent covering the invention.
Royalty Sharing. 3.1 Expedia shall pay Microsoft forty percent (40%) of any royalties collected by Expedia in the licensing of any of the Assigned Patent Applications or subsequently issued patents to licensees who do not provide Online Travel Services. In the event that Expedia has to litigate to obtain, maintain or collect such royalties, Expedia is entitled to deduct reasonable attorneys fees, costs and expert witness fees from the total royalties collected.
3.2 Expedia agrees to make written reports to Microsoft quarterly detailing the royalties collected pursuant to Section 3.1 above. Expedia's obligation to produce this report commences in the first quarter in which such royalties are collected. Expedia further agrees to maintain records showing royalties collected to enable the royalties payable hereunder by Expedia to be determined and to permit its books and records to be examined from time to time to the extent necessary to verify the written reports provided.
3.3 Expedia shall pay all royalties owed on a quarterly basis to Microsoft for a period of ten (10) years from the Effective Date of the Agreement at which time Microsoft's ownership interest in any subsequent royalties shall terminate. The quarterly royalty payments shall be submitted with the written report provided for in this Section 3.2.
Royalty Sharing. In consideration of the funds to be provided by Xxxxxx for expense sharing, Xxxxxx shall be entitled to receive royalties from IAI based upon 20% of license revenue received for the CAST product, not to exceed in the aggregate, however, 150% of the funds provided by Xxxxxx to IAI under Paragraph 2 above. IAI will provide a monthly report to Xxxxxx of license revenue received for the CAST product, accompanied by a check for the royalty due to Xxxxxx with respect to the license revenue included on said report.
