Royalty on Sales. 5.6.1 Subject to Article 5.6.2 and in further consideration of the rights and license granted to Acorda to the Elan Patent Rights while there is a Valid Claim thereunder, and in consideration of the rights and license granted to Acorda of the Elan Know-How thereafter, Acorda shall additionally pay to Elan a royalty of [***] of the NSP of the Product (the “Elan Royalty”). The Elan Royalty shall be payable as follows:
5.6.1.1 In respect of the Elan Royalty, where Elan manufactures and supplies the Product, Elan shall render an invoice in respect of the quantities of Product delivered to Acorda for a sum calculated by reference to [***] of the Notional NSP and the quantity of Product supplied. For the avoidance of doubt the Parties agree that if for whatever reason the Product supplied by Elan to Acorda which meets the Specifications and the applicable law and regulatory Certain portions of this Exhibit have been omitted pursuant to a request for confidentiality. Such omitted portions, which are marked with brackets [ ] and an asterisk*, have been separately filed with the Commission. requirements is not sold by Acorda, payment to Elan for such Product shall nonetheless be effected and the price of the Product shall be determined by reference to the NSP calculated pursuant to the provisions of Article 5.6.1.2.
5.6.1.2 Within forty five (45) days of the end of each calendar quarter, Acorda shall notify Elan of the prevailing NSP for Product sold in the previous quarter. Acorda shall calculate the total Elan Royalty payable to Elan for the Product supplied by Elan during the previous quarter by reference to [***] of the NSP. The Parties shall adjust their account by Acorda promptly paying to Elan, or by Elan crediting Acorda against the price of Product to be supplied (as the case may be), the difference between the sum paid pursuant to Article 5.6.1.1 and the sum calculated pursuant to this Article 5.
5.6.1.3 In respect of the Elan Royalty, where Elan does not manufacture and supply the Product, within forty five (45) days of the end of each calendar quarter (for the first two years following first commercial sale of the Product in any country of the Territory, within sixty (60) days of the end of each quarter), Acorda shall notify Elan of the prevailing NSP of Product sold in that preceding quarter and of the quantity of Product sourced from third parties. The Elan Royalty in respect of such Product shall each be payable on the date on the date such report is...
Royalty on Sales. In further consideration of the grant of the Elan License, Zogenix shall pay to Elan (i) a royalty of [***] percent ([***]%) of Net Sales for the Initial Term and (ii) a royalty of [***] percent ([***]%) of Net Sales for the Extended Term. If requested by Zogenix during the Term, the Parties shall discuss in good faith the necessity of increasing the [***]% maximum limitation on deductions set forth in the Net Sales definition to take into account changes in government reimbursement and discounts customary in the Territory from and after the Effective Date.
Royalty on Sales. The parties acknowledge and agree that for the purposes of provisions of Article IV of the Agreement the Net Sales of the Product are to include any Net Sales attributed to the sales of *****.
Royalty on Sales. 3.1. Subject to paragraph 3.6 below, in consideration of the license of the ELAN PATENT RIGHTS to COMPANY, the royalty payable by COMPANY to ELAN on NSP of the PRODUCT by COMPANY, its AFFILIATES or its permitted sub-licensees shall be:
(i) [ * ] percent ([ * ]%) on the first $[ * ] sales of PRODUCT, calculated as NSP value, in any one calendar year; and
(ii) [ * ] percent ([ * ]%) on sales of PRODUCT, calculated as NSP value, in excess of $[ * ] in any one calendar year. The parties agree that for the purposes of the interpretation of this paragraph 3.1, the parties’ intention as regards the operation of this paragraph 3.1 should be clearly stated in this Agreement and the parties further agree that this will best be achieved by way of a hypothetical example set out below. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Royalty on Sales. As additional consideration for the sale and transfer of the Purchased Assets from the Sellers to the Buyer, and subject to Section 3.2(b), the Buyer hereby agrees to pay to the Sellers within forty five days of the end of each calendar quarter during the Royalty Period (the “Royalty Payment Date”):
(i) a royalty of five percent (5%) on Net Sales of Products sold by the Company, the Buyer, their Affiliates, sublicensees, or distributors; and
(ii) a royalty of two and one half percent (2.5%) on Net Sales of the Company Products sold by the Company, the Buyer, their Affiliates, sublicensees or distributors.
Royalty on Sales. Licensee shall pay, or cause to be paid, to Licensor royalties of [**] percent ([**]%) of Net Selling Price of the Net Selling Price for the sale or disposition of Licensed Products or services using Licensed Methods in the U.S. If Licensee (or its Affiliate or sublicensee) obtains a license under patent rights of a third party that are necessary for the manufacture, use or sale of a Licensed Product or Licensed Method in a country, then Licensee shall be entitled to offset [**]% of the royalties actually paid by Licensee (or its Affiliate or sublicensee) to such third party with respect to sales of such Licensed Product or Licensed Method in such country in a calendar quarter against the running royalties due to Licensor hereunder with respect to the Net Selling Price of such Licensed Product or Licensed Method (as applicable) in such country in such calendar quarter, provided that the royalties payable to Licensor with respect to such Licensed Product or Licensed Method in such country in a calendar quarter may not be reduced by more than [**]% as a result of any and all such offsets in the aggregate.
Royalty on Sales. Her will pay Cxxxxxx a monthly royalty of two percent (2%) of Gross Sales, net of returns. “Gross Sales” means amounts received on account of products sold or otherwise distributed by Her, after allowing deductions for the following items: (i) sales taxes, use taxes and other similar governmental charges, (ii) freight and transportation charges, (iii) custom duties, (iv) insurance charges, (v) rebates and retroactive price reductions, and (vi) commissions actually paid to distributors and sales representatives. In the event a product is sold or otherwise distributed for consideration other than solely cash, the cash value equivalent of such other consideration attributable to the sale or other distribution of the product shall be included in Gross Sales. Gross Sales shall be deemed received when actually collected. Such payments will be made within twenty (20) days from the end of each month.
Royalty on Sales of all or any revenues received by Adaptiv less Allowable Deductions during the term set out in clause 3.2.2 below (or received by Adaptiv after such term where such payments were due during such term) under development, manufacturing and licensing agreements which utilise or incorporate the LDS Patents.
Royalty on Sales. In consideration of the license of the Elan Patents granted to Par under this Agreement, Par shall pay to Elan a royalty equal to [******] of Gross Profit.
Royalty on Sales. In further consideration of the grant of the Elan License, NixxxXxx xhall pay to Elan a non-refundable royalty calculated by reference to the table set out below, being the royalties within the bands of aggregate Net Sales below for the applicable formulation as from the date of its first commercial sale at the corresponding royalty percentage below: Formulation Annual Net Sales Bands Applicable Royalty Rate Once-daily First US$[**] [**]% of Net Sales Next US$[**] [**]% of Net Sales Increments above US$[**] [**]% of Net Sales Twice-daily First US$[**] [**]% of Net Sales Next US$[**] [**]% of Net Sales Increments above US$[**] [**]% of Net Sales By way of example for the purposes of clarifying the intention of the parties, if: (a) prior to commencement of a given calendar quarter, aggregate Net Sales to date are $[**] for the once daily formulation and $[**] for the twice daily formulation; and (b) Net Sales in the calendar quarter are $[**] for each formulation, the royalty payable shall be: Once-daily —first band: ($[**] - $[**]) x [**]% PLUS Once-daily —second band: ($[**] - ($[**] - $[**]) x [**]% PLUS Twice-daily — first band: $[**] x [**]% = $[**] + $[**] + $[**] = $[**]
