Sales by Sublicensees. With regard to Net Sales made by sublicensees of Licensee or its Affiliates, royalties shall be payable by Licensee quarterly, within ninety (90) days after the end of each calendar quarter, based upon the Net Sales of Licensed Products by such sublicensee during such preceding calendar quarter, commencing with the calendar quarter in which the first commercial sale of any Licensed Product is made by such sublicensee.
Sales by Sublicensees. Licensee agrees to pay and shall pay to TSRI, or cause its Sublicensees to pay to TSRI, all royalties pursuant to Section 3 herein resulting from the Net Sales of its Sublicensees, within sixty (60) days after the end of each calendar quarter, based on Net Sales during the immediately preceding calendar quarter.
Sales by Sublicensees. In the event Genentech grants licenses or sublicenses to others to make or sell Franchise Products in the Licensed Territory, such licenses or sublicenses shall include an obligation for the licensee or sublicensee to account for and report its Royalty-Bearing Sales of such Franchise Products on the same basis as if such sales were Royalty-Bearing Sales by Genentech, and Genentech shall pay royalties to IDEC as if the Royalty-Bearing Sales of the licensee or sublicensee were Royalty-Bearing Sales of Genentech.
Sales by Sublicensees. In the event the Commercializing Party grants licenses or sublicenses to Third Parties to make, use and sell a Product or Other Product with respect to which a royalty payment is due hereunder, and the Commercializing Party is not otherwise supplying any Product or Other Product to such licensee or sublicensee, such licenses or sublicenses shall include an obligation for the licensee or sublicensee to
Sales by Sublicensees. (a) In the event that DPM licenses or sublicenses the right to sell Product to a Sublicensee and DPM does not supply and sell Compound or Product to such Sublicensee, then DPM shall pay to SIGNAL [***] of all Sublicensing Revenue that DPM receives from such Sublicensee.
(b) In the event that DPM licenses or sublicenses the right to sell Product to a Sublicensee and DPM supplies and sells Compound or Product to such Sublicensee, then the term "Net Sales" in Section 5.5.1, 5.5.2 and 5.5.3 with respect to such Compound or Product sold by DPM to such Sublicensee shall include any payments received by DPM from such Sublicensee based on sales of Product by such Sublicensee.
(c) To the extent that SIGNAL is obligated under any Signal License Agreement to pay royalty payments on sales of Product by any Sublicensee, then, in addition to any royalty amounts payable to SIGNAL under Section 5.5.1, 5.5.2, 5.5.3, 5.5.7(a) or 5.5.7(b), DPM shall pay to SIGNAL an amount equal to the amount SIGNAL is obligated to pay and actually pays to its licensors with respect to such Sublicensee ***Confidential Treatment Requested 27 -27- sales under such Signal License Agreement, provided however, that such amount payable by DPM to SIGNAL under this Section 5.5.7 shall in no event exceed [***] based on sales of Product by such Sublicensee. In no event, however, shall the total royalties paid to SIGNAL under this Section 5.5.7 be higher than what they would have been if calculated on sales to the ultimate third party as set forth in Sections 5.5.1, 5.5.2, and 5.5.3 as if DPM marketed the Product to the ultimate third party itself rather than through a Sublicensee. See Appendix 4 for example calculations.
Sales by Sublicensees. If GENE grants a sublicense under the rights granted to it pursuant to Article 5, then such sublicense shall include an obligation for the sublicensee to account for and report its Net Sales of such Licensed Products on the same basis as if such sales were Net Sales by GENE, and GENE shall pay the Supply Price to Biosearch on such sales as if the Net Sales of the sublicensee were Net Sales of GENE.
Sales by Sublicensees. In the event AstraZeneca grants sublicenses to one or more Sublicensees to make or sell Licensed Products to the extent permitted hereunder, such sublicenses shall include without limitation an obligation for the Sublicensee to account for and [***] 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. report its Net Sales of such Licensed Products on the same basis as if such sales were Net Sales by AstraZeneca, and AstraZeneca shall pay royalties to Ardelyx as if the Net Sales of the Sublicensee were Net Sales of AstraZeneca.
Sales by Sublicensees. If IntraBiotics grants a sublicense under the rights granted to it pursuant to Section 5, then such sublicense shall include an obligation for the sublicensee to account for and report its Net Sales of such Licensed Products on the same basis as if such sales were Net Sales by IntraBiotics, and IntraBiotics shall pay the Supply Price to BioSearch on such sales as if the Net Sales of the sublicensee were Net Sales of IntraBiotics.
Sales by Sublicensees. In the event Myogen grants licenses or sublicenses to others to make or sell Products, such licenses or sublicenses shall include an obligation for the [*#*]CONFIDENTIAL TREATMENT REQUESTED licensee or sublicensee to account for and report to Myogen its Net Sales of such Products on the same basis as if such Net Sales were sales by Myogen, and Myogen shall pay royalties to HMR as if the Net Sales of the sublicensee were sales of Myogen. Amounts payable by the sublicensee to Myogen on account of the sublicense shall not be included in amounts deducted from gross sales in arriving at Net Sales.
Sales by Sublicensees. In the event either Party, --------------------- subject to the provisions of this Agreement, grants licenses or sublicenses to others to make or sell Royalty Bearing Products or Independent Products, such licenses or sublicenses shall include an obligation for the licensee or the sublicensee to account for and report its Royalty Bearing Sales of such Royalty Bearing Products or Independent Products on the same basis as if such sales were Royalty Bearing Sales by the Party, and such Party shall pay royalties to the other Party as if the Royalty Bearing Sales of the sublicensee were Royalty Bearing Sales of the Party granting the license or sublicense.
