Royalty Terms. (i) The royalty payments described in this Section 9.3 with respect to HBV Licensed Products sold in the Territory shall be payable on an HBV Licensed Product-by-HBV Licensed Product and country-by-country basis, commencing upon the First Commercial Sale of an HBV Licensed Product in a country in the Territory and expiring upon the latest of: (A) [***] years after the First CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[***]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Commercial Sale of such HBV Licensed Product in such country; (B) the expiration of the last-to-expire Valid Claim of a Patent Right within the Licensed Technology in such country that would be infringed by the sale of such HBV Licensed Product in such country in the absence of the licenses granted to Gilead under this Agreement; or (C) the expiration of any Regulatory Exclusivity in such country with respect to such HBV Licensed Product (the “HBV Royalty Term”).
(ii) The royalty payments described in this Section 9.3 with respect to HIV Licensed Products sold in the U.S. shall be payable, on an HIV Licensed Product-by-HIV Licensed Product basis, commencing upon the First Commercial Sale of an HIV Licensed Product in the U.S. and expiring upon the latest of: (A) [***] years after the First Commercial Sale of such HIV Licensed Product in the U.S.; (B) the expiration of the last-to-expire Valid Claim of a Patent Right within the Licensed Technology in the U.S. that would be infringed by the sale of such HIV Licensed Product in the U.S. in the absence of the licenses granted to Gilead under this Agreement; or (C) the expiration of any Regulatory Exclusivity in the U.S. with respect to such HIV Licensed Product (the “U.S. HIV Royalty Term”).
(iii) The royalty payments described in this Section 9.3 with respect to HIV Licensed Products sold in a country in the ROW shall be payable, on an HIV Licensed Product-by-HIV Licensed Product and country-by-country basis, commencing upon the First Commercial Sale of a HIV Licensed Product in a country in the ROW and expiring upon the latest of: (A) [***] years after the First Commercial Sale of such HIV Licensed Product in such country; (B) the expiration of the last-to-expire Valid Claim of a Patent Right within the Licensed Technology in...
Royalty Terms. The obligation to pay royalties under this Agreement shall be imposed only once with respect to any sale of any Product to end users/distributors, and shall not attach with respect to any intra-company transfers between scPharma Affiliates. With respect to any particular Product in any particular country, scPharma shall only be obligated to pay royalties during the period during which the sale, offer for sale or importation of such Product in such country would infringe, but for the license granted herein, a valid claim in a Patent Right included in the Sensile Pre-Existing Intellectual Property or Sensile Inventions covering such Product in such country.
Royalty Terms. Except from the [. . . *** . . .] as assumed by Skyworks: [. . . *** . . .]
Royalty Terms. Royalties on the sale of Products shall be payable until expiration of the applicable EC Royalty Term, the SomaLogic Royalty Term and/or the CD Royalty Term (as defined below) as follows.
Royalty Terms. Company agrees to pay royalties to Artist for each unit sold, according to the following schedule:
(a) Company shall pay to Artist as a royalty, percent of the net receipts received by Company, from exploitation of the Masters and percent of any flat fee received by Company for licensing or sublicensing the Masters less all Expenses agreed to herein, to exceed percent of the total net receipts received by Company (hereinafter called Artist’s Royalty). In the event Company’s third-party distributor withhold a commission and remits the margin to Company, this margin will be reduced by the agreed expenses and commissions and the balance divided equally between Company and Artist less the expenses set forth in this Agreement.
(b) The royalties shall be computed in the national currency of the U.S. and shall be paid to Artist in U.S. currency at the rate of exchange prevailing on the date payment is made or, if higher, at the rate of exchange at the business day that payment should have been in accordance with this Agreement. Any bona fide reasonable and or agreed fees paid to third party distributors by Company or deducted from Company’s gross receipts will be included as deductible expenses for purposes of calculating net receipts.
(c) Net receipts shall mean gross receipts received by Company less expenses.
Royalty Terms. VFMCRP’s royalty obligations to Cara under this Section 6.4 shall be in effect during the Royalty Terms. Upon expiration of the Royalty Term for a Licensed Product in a country, the license under Section 2.1 shall thereafter be fully paid-up, non-exclusive, perpetual, and irrevocable under the relevant Cara Product Technology and its interests in the Joint Technology solely for such Licensed Product in such country in the Field; and provided that, for clarity, sales of such Licensed Product in other countries where the applicable Royalty Term(s) has not expired shall continue to be royalty- bearing, notwithstanding the foregoing limited license. For the sake of clarity, no multiple royalties shall be payable because more than one Valid Claim or more than one Patent Right in the Cara Product Technology is applicable to the Licensed Product (or its use) during the applicable Royalty Term.
Royalty Terms. Royalties as calculated pursuant to Section 5.1.1 shall be payable on Net Sales during the applicable Patent Royalty Term for the applicable Product in the applicable country in the Field. For purposes of determining the applicable royalty tier specified in Sections 5.1.1 for calendar year Net Sales, only Net Sales of the applicable Product in the Field made during the applicable Patent Royalty Term therefor shall be counted. Royalties as calculated pursuant to Section 5.1.2 shall be payable on Net Sales during the applicable Know-how Royalty Term for the applicable Product in the applicable country in the Field. Following expiration of the Patent Royalty Term and the Know-how Royalty Term applicable to a Product in the Field in a country, Syros’ licenses under Section 4.1 shall become fully paid up, non-royalty-bearing and perpetual.
Royalty Terms. The Company shall determine what merchandise will be produced bearing The Image, and The Company shall be responsible for all costs associated with production. The Company shall determine the retail price of all merchandise bearing the image. The Company shall receive The Partner shall receive 70 % of gross revenue from all sales of this merchandise. From time to time, The Company may discount the retail price of merchandise, at The Company’s discretion, as part of any sales and marketing promotions. Although such a discount will result in a lower retail price, the rev- enue-sharing percentages of the two parties shall remain the same. (The Company shall continue to earn 70 % of the discounted retail price, and The Partner shall continue to receive 70 % of the discounted retail price).
Royalty Terms. The Royalty Term for each Licensed Product shall begin on the date of the first commercial sale of such Licensed Product in a particular country, and continue, on a Licensed Product-by-Licensed Product and country-by-country basis:
(i) in the case of a Valid Claim Product, until the expiration of the last-to-expire Valid Claim in the Licensed IP that Covers such Valid Claim Product;
(ii) in the case of a Genentech Modified Product, until the earlier of (A) [**] years from the date of such first commercial sale, for sales in the United States; or [**] years from the date of such first commercial sale, for sales outside the United States; or (B) approval by the FDA or other relevant regulatory authority in such country of an ANDA for which the reference drug is such Genentech Modified Product;
(iii) in the case of a Know-How Product, until [**] years from the date of such first commercial sale of such Know-How Product in such country; and
(iv) in the case of a Non-Collaboration Product, until the expiration of the last-to-expire Valid Claim in the Licensed IP that Covers such Non-Collaboration Product.
Royalty Terms. CBM will make payments, report royalties, maintain records and permit audits for royalties due on sales of the Chronic Product in the same manner as set forth for Biogen in Sections 10.5, 10.6 and 10.7 of the License Agreement.
