Running Royalty Clause Samples

Running Royalty. As consideration for the license under this Agreement, Licensee shall pay to Licensor an earned royalty of two percent (2.0%) of Net Sales. Earned royalties shall accrue in each country for the duration of Patent Rights in that country.

Running Royalty. In addition to the Section 4.1 License Issue Fee, Licensee agrees to pay to UFRF a royalty calculated as a percentage of Net Sales in accordance with the terms and conditions of this Agreement. The royalty is deemed earned as of the date the Licensed Product and/or Licensed Process is actually sold and paid for. The royalty shall remain fixed while this Agreement is [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. in effect at a rate of one percent (1%) of Net Sales. In the event that any Net Sales result from Licensee’s sale of Licensed Product or Licensed Process which is comprised solely of “software” then Licensee shall pay a royalty of seven percent (7%) of Net Sales on such software.

Running Royalty. This Agreement has no running royalty rate and LICENSEE is not obligated to pay any royalty on Net Sales of Licensed Products, Licensed Processes or for Non-Royalty Sublicense Income.

Running Royalty. (a) ONCORUS shall pay the amount equivalent to the amount multiplying (1) the Net Sales of the ONCORUS Products manufactured, sold or offered for sale in, or imported to or exported from, any Jurisdiction (whether by ONCORUS, its Affiliate, or a Sublicensee) by (2) the royalty rate as set forth below on a Jurisdiction-by-Jurisdiction basis during the Royalty Term, on an annual basis after the end of each Year (“Running Royalty”) pursuant to Section 4.4. To calculate the amount of the Running Royalty payable for a given Year, the local currency amounts of such Net Sales (if other than in US Dollars) shall be converted to the amount in US Dollars by [***]. (i) [***] (ii) [***] (iii) [***] (b) The Running Royalty shall accrue, on a Jurisdiction-by-Jurisdiction basis, beginning upon the First Commercial Sale of the first ONCORUS Product anywhere in the Territory, until the later of (i) [***] years after such First Commercial Sale, or (ii) the date upon which no Licensed Claim Validly Exists in such Jurisdiction (“Royalty Term”). For the avoidance of doubt, [***]. A Licensed Claim shall be deemed to “Validly Exist” unless and until any of the following occurs: (1) an application for a patent in respect of such Licensed Claim has been conclusively rejected and all measures available under Applicable Law to challenge such rejection have been exhausted; (2) an application for a patent in respect of such Licensed Claim has been pending for [***] years or more from the date of filing of the earliest priority patent application to which such pending patent application is entitled to claim benefit; (3) the effective term of the patent in respect of such Licensed Claim has expired; (4) the patent or patent application in respect of such Licensed Claim has been validly and conclusively abandoned by NOF; or (5) such Licensed Claim has been invalidated, revoked, declared unpatentable or unenforceable by a judgment or decision by a competent governmental agency, and such judgment or decision has become final and binding. Furthermore, [***]. The Parties hereby acknowledge and agree that as of the Effective Date, the Licensed Claims Validly Exist only in a limited number of Jurisdictions as set forth in Exhibit A, and therefore [***]. (c) If ONCORUS or its Affiliate or Sublicensee obtains a license or other rights under any Intellectual Property Rights in any Jurisdiction Controlled by a Third Party that is necessary to use NOF Lipid for the development, manufacture and comm...

Running Royalty. At the times and in the manner set forth in this Agreement, Licensee must pay to NCSU a royalty equal to ______percent (%) of the Net Sales of Licensed Products/Services sold by Licensee or its Sublicensees.

Running Royalty. (a) As additional consideration for the grant of the licenses provided hereunder, Kos shall pay Fuisz a running royalty of ***************** of Net Sales of Licensed Product commencing on the first Commercial Sale of Licensed Product by Kos or its Sublicensees. (b) Although the parties intend to secure patents covering Licensed Products, except as otherwise provided hereunder, the royalty required under this Article 4 shall be payable with respect to each Licensed Product until this Agreement expires as to such Licensed Product pursuant to Section 10.1, notwithstanding the existence or non-existence of Licensed Patents covering any Licensed Product.

Running Royalty. In consideration of the license rights set forth in Article 3 hereof, BND shall, during the periods specified in Section 4.3, pay to BDSI a royalty on all Net Sales Received by BND from Sublicensee(s) at the rate of eight percent (8%) of Net Sales Received (the "Running Royalty"

Running Royalty. Beginning with the First Commercial Sale by ALS, any Affiliates or sublicensees of ALS, ALS shall pay to Abbott, on a country-by-country basis, a royalty of (i) nineteen percent (19%) on Net Sales, with respect to which, but for the license granted hereunder, the manufacture, use or sale of Product would infringe a Valid Claim in such country. and (ii) nine and one-half percent (9.5%) on Net Sales for all other countries; provided, however, that ALS shall not be obligated to pay any royalties for countries in which all Valid Claims have expired; and provided further, however, that (A) ALS shall only be obligated to make payments under this Section 6.2(a)(ii), on a country-by-country basis for a period of seven (7) years from the date of the First Commercial Sale in each such country and (B) ALS shall not be obligated to pay the nine and one-half percent (9.5%) royalty established in Section 6.2 (a)(ii) in a given country in the event that all Covering Claims are deemed invalid by the judicial authority in such country effective as of the date that the last Covering Claim is finally deemed invalid. For purposes of this Section 6.2(a), the term "Covering Claim" shall mean a claim contained in any of the Patents that would be infringed but for the Exclusive License granted hereunder.

Running Royalty. LICENSEE shall pay the LICENSOR running royalties as specified in Exhibit I Royalties, attached hereto and made a part hereof by this reference, for all sales, leases, licenses or other dispositions of Licensed Products. Such running royalties shall be payable to the LICENSOR as provided in Paragraph 5.4. No royalty will be paid for sale, lease, license or other disposition of any equipment that does not include any of the LICENSOR's Subject Technology or is not otherwise a Licensed Product.