Royalty Terms Clause Samples
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. 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. 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. 3.1 The parties agree that the Limited Time Agreement dated March 27, 1992 between the parties will expire and terminate on September 1, 1995. AMWAY will continue to make purchases of Product pursuant to the Limited Time Amendment until September 1, 1995. Within sixty (60) days after termination of the Limited Time Amendment, AMWAY will provide PMC with an accounting of the actual purchases of Product made by AMWAY during the term of the Limited Time Amendment and the parties shall thereafter agree upon and adjust the fee paid to PMC by AMWAY for the license granted in the Limited Time Amendment to properly reflect the actual purchases of Product thereunder. Any final adjustment of the payment due under the Limited Time Amendment, if any, shall be made within thirty (30) days of the date the parties reach agreement. The number of gallons of Product purchased by AMWAY from the Execution Date to September 1, 1995 shall not be counted under the First License Period.
3.2 On the Execution Date of this Agreement, AMWAY shall pay to PMC One Million Two Hundred Seventy-Five Thousand Dollars ($1,275,000.00) by wire transfer as an advanced payment of royalties for the First License Period. This advanced payment of royalties shall permit AMWAY make, use, or sell three hundred thousand (300,000) gallons of the Product at a royalty rate of Four and 25/100 Dollars ($4.25). If the Product is improved with detergent technology during the First License Period the royalty rate of the Product containing detergent technology shall be $4.25.
3.3 Upon completion of the First License Period, AMWAY will pay PMC from time to time during the Term an amount equal to the Actual Raw Material Cost for each gallon of Product subsequently purchased by AMWAY as the royalty rate. In no event will the royalty rate be lower than $4.00 per gallon. If the Product is improved with detergent technology during the Term of this Agreement following the First License Period, the royalty rate shall be determined in the same manner as stated in this Section 3.3. AMWAY will endeavor to arrange with the manufacturer/supplier of the Product to provide AMWAY with itemized statements for Product purchased specifying the Actual Raw Material Cost of Product. AMWAY will provide PMC with copies of actual invoices from the manufacturer/supplier of the Product indicating the Actual Raw Material Cost of Product purchased by AMWAY. AMWAY will pay the royalty payment to PMC within thirty (30) days of AMWAY's receip...
Royalty Terms. 7.1 Subject to Article 7.2 below, SCHERING shall pay or cause to be paid royalties to ENZON on Net Sales as follows: *** Indicates the omission of confidential material pursuant to a request for confidential treatment made in accordance with Rule 24b-2 under the Securities Exchange Act of 1934, as amended. The Confidential material is being filed separately with the Secretary to the Securities and Exchange Commission. E-72
(a) For as long as SCHERING pays a royalty, under the license agreement dated December 3, 1987, between SCHERING and Research Corporation, in connection with SCHERING's sale of an Agreement Product in any country in the Territory, SCHERING shall pay ENZON a royalty in such country of *** SCHERING shall provide to ENZON reasonable evidence of such payments to Research Corporation at ENZON's request.
(b) In each calendar year during the term of this Agreement, in connection with SCHERING's sales of Agreement Product which do not require payment of a royalty under Article 7.1(a) above, if Competition, as defined in Article 7.1(d) below, exists in any such country, SCHERING shall pay ENZON a royalty *** for so long as the sum of Net Sales in all countries in the Territory during such calendar year *** and *** after the sum of Net Sales in all countries in the Territory during such calendar year ***
(c) In each calendar year during the term of this Agreement, in connection with SCHERING's sales of *** Indicates the omission of confidential material pursuant to a request for confidential treatment made in accordance with Rule 24b-2 under the Securities Exchange Act of 1934, as amended. The Confidential material is being filed separately with the Secretary to the Securities and Exchange Commission. E-73 Agreement Product which do not require payment of a royalty under Article 7.1(a) above, if Competition does not exist in any such country, SCHERING shall pay ENZON a royalty of *** for so long as the sum of Net Sales in all countries in the Territory during such calendar year does not ***, and *** after the sum of Net Sales in all countries in the Territory during such calendar year ***
(d) For purposes of this Article 7, "Competition" shall mean sales by a party or parties, other than SCHERING, its Affiliates, licensees, distributors or agents, in any country of the Territory, of a competitive product which contains alpha interferon (as a significant active ingredient) coupled with PEG to produce a longer-lasting product, *** *** Indicates the ...
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 a. The OVRP royalty rate applies only to Licensed Products shipped for the specified OVR Project, as registered and approved by MS in the OVRP Tool in MOO. Company will offer the OVRP royalty rate to OVRP Customers only. The volume commitments and royalty rates for OVRP are listed in the OVRP Royalty Rate List on ECE.
b. Company agrees to pay MS the total royalties due for the Licensed Products distributed for the specified OVR Project to the OVRP Customer at the OVRP royalty rate as listed in the then-current Royalty Rate List on the ECE.
c. Company will be notified via ECE or email if MS changes its OVRP royalty rates. Such royalty rate changes will be effective on the first date of the calendar month following such notice.