Sales Royalty Sample Clauses
Sales Royalty. Licensee will pay to Licensor a royalty in the amount of [***] percent ([***]%) of Net Sales Revenue received by Licensee for the sale of the Royalty Bearing Products in countries where there are Valid Claims of the Licensed Patents until such Licensed Patents have expired or been abandoned. If Licensee sublicenses the Licensed Patents to a third party sublicensee, Licensee will pay to Licensor a royalty in the amount equal to [***] percent ([***]%) of the royalty paid by such sublicensee to Licensee based on the sale of the Royalty Bearing Products in countries where there are Valid Claims of the Licensed Patents until such Licensed Patents have expired or been abandoned, but in no event shall the royalty paid to Licensor be less than [***] percent ([***]%) of the Net Sales Revenue of such third party sublicensee. Royalty payments shall be due on a [***] basis within [***] days after [***].
Sales Royalty. Agway will pay Planet an on-going Sales Royalty on Net Sales and Revenues from sales of Products (the "Sales Royalty") as follows:
(1) Sales Royalty amounts calculated and determined to be due to Planet pursuant to this Section 6a(iii) shall be payable for the term of 15 years immediately following the later of (a) the Effective Date; or (b) the date the patent relating to the Product is issued ("Royalty Termination Date"). No Sales Royalty shall be calculated or become due on Net Sales and Revenues received by Agway after the Royalty Termination Date.
(2) Sales Royalty amounts shall be calculated based on annual Net Sales and Revenues by applying the following percentage to Net Sales and Revenues for each of Agway's Full Fiscal Years commencing July 1, 2003, and ending on the Royalty Termination Date:
Sales Royalty. The Sales Royalty will be an amount equal to: *** on Net Sales up to the first *** achieved in each Contract Year, then *** on Net Sales over *** achieved in such Contract Year *** ***
Sales Royalty. Vendor shall pay to Company royalties equal to [---------]8 on all Net Sales (the “Sales Royalty”).
Sales Royalty. 9.1 In consideration of both the license granted and the design services to be performed by Licensor hereunder, Licensee shall pay to Licensor a Sales Royalty equal to percent ( %) of "Net Sales."
9.2 For purposed hereof, "Net Sales" shall be deemed to mean the invoiced and/or shipped amount of Articles (and Products to which the Licensed Xxxx is not affixed and Articles from which the Licensed Xxxx has been removed in accordance with the provisions of paragraph 12.2 below) sold by Licensee or any of its affiliates, less customary trade discounts actually earned and taken by customers (but not other discounts for prompt payment, such as "anticipation" discounts) and returns for damaged or defective merchandise for exchange only. No deduction shall be made for other discounts, uncollectible accounts or costs incurred by Licensee. Sales of Articles made other than in arm's length transactions shall be deemed to have been made at the regular wholesale price thereof.
9.3 The Sales Royalty hereunder shall be accounted for and paid quarterly within thirty (30) days after the close of each three (3) month period during the term of this Agreement (or portion thereof in the event of prior termination for any reason), except that the first such accounting and payment shall be for the period commencing on the date hereof and ending on December 31, 1993. The Sales Royalty payable for each accounting and payment period during each Annual Period shall be computed on the basis of Net Sales during such Annual Period, with a credit for any Guaranteed Minimum Royalty and Sales Royalty payments therefore made to Licensor for said Annual Period. Returns shall be accounted for (i.e., deductions for returns shall be made) in the accounting and payment period in which the return is received (as opposed to the period in which the original sale was accounted for).
9.4 No payment of Sales Royalty for any Annual Period in excess of payments of Guaranteed Minimum Royalty for the same Annual Period shall be credited against the Guaranteed Minimum Royalty due to Licensor for any other Annual Period.
9.5 Net Sales shall not include sales to the Xxxxx' Xxxxxx retail stores controlled and operated by Licensor.
Sales Royalty. (A) In consideration of the license granted hereunder the Licensee will pay to Licensor a sales royalty on all of Licensee's Net Sales of Licensed Merchandise for each Contract Year as set forth in Schedule 9.1 (the "Sales Royalty").
(B) The gross invoice price of any Licensed Merchandise sold by Licensee to any affiliate of Licensee is deemed, for the purposes of this Agreement, to be the higher of (i) the actual gross invoice price therefore; or (ii) Licensee's regular selling price for such Licensed Merchandise sold to unaffiliated parties similarly situation in the distribution chain, and will be deemed sold at the earlier of the invoice date or delivery date.
9.2 The Sales Royalty shall be accounted for and paid quarterly within twenty (20) days after the last business day of each fiscal quarter. The Sales Royalty payable for any quarter will be less any amounts paid at the beginning of such quarter pursuant to Section 8.2(a).
Sales Royalty a) Agway shall pay Sales Royalty amounts to Planet on Net Sales and Revenues during the term of this Sub-Agreement, such Sales Royalty amounts being payable for the term of [*] immediately following the Effective Date of this Sub-Agreement, provided however, that Sales Royalty amounts will be payable only for as long as the manufacture, use or sale of such Product is covered by a claim of an unexpired licensed U. S. patent or U. S. patent THE PORTIONS OF THIS DOCUMENT OMITTED AND MARKED WITH ASTERISKS AND BRACKETS IS SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE SEC pending of Planet which has not been held to be either invalid or unenforceable by a final decision from which no appeal is or can be taken.
Sales Royalty. (a) In each Annual Period, Licensee shall pay to Licensor a Sales Royalty on "Net Sales" (as defined below) for the Licensed Xxxx in the amount of: (i) * of actual full price Net Sales for Net Sales up to and including * and (ii) * of actual full price Net Sales for Net Sales greater than *.
Sales Royalty. A. Licensee shall pay to Licensor a royalty on sales of the Licensed Product equal to four percent (X%) of each month’s Net Sales (the “Sales Royalty”). The Sales Royalty payable hereunder shall be accounted for and paid on a monthly basis within thirty (30) days after the close of the prior month’s sales. In other words, the actual Sales Royalty will be paid thirty (30) days in arrears computed on the basis of Net Sales during the calendar month immediately preceding the day upon which Sales Royalties are being paid.
B. In connection with any Licensed Product sold and/or distributed by Licensee to any entity at a price lower than the price otherwise charged in the normal equivalent channels of trade, the Sales Royalty payable thereon shall be equal to four percent (4%) of the price otherwise charged in the normal equivalent channels of trade.
Sales Royalty. 9.01. In consideration of both the license granted and the services to be performed by Licensor hereunder, Licensee shall pay to Licensor a Sales Royalty equal to [ * ] of all Net Sales.
9.02. The Sales Royalty hereunder shall be accounted for and paid quarterly within thirty (30) days after the last business day of each Accounting Period during the Term. The Sales Royalty earned for each Accounting Period shall be computed in accordance with paragraph 10.01 below.
9.03. No payment of Sales Royalty for any Accounting Period shall reduce the Guaranteed Minimum Royalty due to Licensor for said Contract Year; provided, however, that if the aggregate of the Guaranteed Minimum Royalty and any additional Sales Royalty actually paid to Licensor for a particular Contract Year (the "TOTAL PAID ROYALTY") exceeds the aggregate Sales Royalty earned by Licensor hereunder for said Contract Year, then the amount by which the Total Paid Royalty exceeds the greater of the Guaranteed Minimum Royalty or the Sales Royalty earned shall be deemed "EXCESS ROYALTY" and Licensee may recoup the amount of the Excess Royalty from the Sales Royalty otherwise payable to Licensor in the next Contract Year, not withstanding any contrary provision of this Agreement. Except as expressly provided in the immediately preceding sentence, no payment of Sales Royalty for any Contract Year shall reduce the Guaranteed Minimum Royalty or the Sales Royalty due to Licensor for any other Contract Year. Without limiting the generality of the foregoing, if Licensee pays an Excess Royalty in the final Contract Year, Licensor shall repay the amount of such Excess Royalty to Licensee within thirty (30) days after Licensor's receipt of Licensee's final accounting statement documenting such Excess Royalty.