Sales Subject to Royalties. Sales of Collaboration Product between AstraZeneca, its Affiliates and Sublicencees that are purchased for re-sale shall not be subject to royalties hereunder. Royalties shall be calculated on AstraZeneca’s and its Affiliates’ sale of the Collaboration Products to Third Parties (including distributors). Royalties shall be payable only once per unit of Collaboration Product.
Sales Subject to Royalties. Sales between Flexion, its Affiliates and Sublicensees shall not be subject to royalties hereunder. Royalties shall be calculated on Flexion’s, its Affiliates’ and its Sublicensees’ sale of the Licensed Products to a Third Party. Royalties shall be payable only once for any given batch of the Licensed Products. For purposes of determining Net Sales, the Licensed Product shall be deemed to be sold to third party wholesalers, pharmacies or other customers when it leaves Flexion’s premises or those of its subcontractor and a “sale” shall not include, and no royalties shall be payable on, transfers of Licensed Products that are used as samples or in clinical trials or other transfers or dispositions for charitable, promotional, pre-clinical, clinical, regulatory or governmental purposes.
Sales Subject to Royalties. Sales between AstraZeneca, its Affiliates and Sublicensees shall not be subject to royalties hereunder unless the purchaser is an end user. Royalties shall be calculated on AstraZeneca’s, its Affiliates’ and Sublicensees’ sales of the Products to a Third Party, including Distributors (but excluding for the avoidance of doubt Sublicensees). Royalties shall be payable only once for any individual S.K.U. of a Product. For the purpose of determining Net Sales, the Product shall be deemed to be sold when invoiced and a “sale” shall not include, and no royalties shall be payable on, transfers by AstraZeneca, its Affiliates or Sublicensees of reasonable quantities of clinical trial materials, or other transfers or dispositions of reasonable quantities of Products for charitable, promotional, nonclinical, clinical, manufacturing, testing or qualification, regulatory or governmental purposes in compliance with this Agreement (it being understood and agreed that neither Party shall have the right to distribute the Product as samples except pursuant to Section 5.7).
Sales Subject to Royalties. Sales [ * ] shall not be subject to royalties hereunder. Royalties shall be calculated on AZ’s or its Affiliates’ sale of the Licensed Products to a Third Party (including Distributors) and on Net Proceeds from Sublicencees in accordance with Section 6.7. Royalties shall be payable only once for any given unit of Licensed Product. For purposes of determining Net Sales, the Licensed Product shall be deemed to be sold when invoiced and a “sale” shall not include, and no royalties shall be payable on, transfers by AZ orits Affiliates of samples of Licensed Products or clinical trial materials containing Compound or other transfers or dispositions for charitable, promotional, pre-clinical, clinical, regulatory or governmental purposes.
Sales Subject to Royalties. Sales between Flexion, its Affiliates and Sublicensees shall not be subject to royalties hereunder. Royalties shall be calculated on Flexion’s, ***Confidential Treatment Requested its Affiliates’ and its Sublicensees’ sale of the Licensed Products to a Third Party. Royalties shall be payable only once for any given batch of the Licensed Products. For purposes of determining Net Sales, the Licensed Product shall be deemed to be sold when shipped and a “sale” shall not include, and no royalties shall be payable on, transfers of Licensed Products that are used as samples or in clinical trials or other transfers or dispositions for charitable, promotional, pre-clinical, clinical, regulatory or governmental purposes.
Sales Subject to Royalties. Sales between Fovea, its Affiliates and Sublicensees shall not be considered Net Sales. Royalties shall be calculated on Fovea's and its Affiliates' sale of the Selected Licensed Product to a Third Party (including Distributors). Royalties shall be payable only once for any given batch of the Selected Licensed Product. For purposes of determining Net Sales, the Selected Licensed Product shall be deemed to be sold when invoiced and a "sale" shall not include, and no royalties shall be payable on, transfers by Fovea, its Affiliates or Sublicensees of free samples of Selected Licensed Product or clinical study materials containing Selected Licensed Product, or transfers of Selected Licensed Product to patients on a compassionate use basis or other transfers or dispositions for charitable, promotional, pre-clinical, clinical, manufacturing, testing or 30 qualification, regulatory or governmental purposes, or any other use other than as therapeutic pharmaceutical product in humans where Fovea receives no compensation or identifiable benefit therefrom.
Sales Subject to Royalties. Sales between Virpax and its Affiliates shall not be subject to royalties hereunder. Royalties shall be calculated on Virpax’s and its Affiliates’ and it and their Sub-licensees’ sale of the Licensed Products to a Third Party. Royalties shall be payable only once for any given batch of the Licensed Products. For purposes of determining [**], the Licensed Product shall be deemed to be sold upon Virpax, its Affiliates or Sub-licensees receipt of payment for the Licensed Product and a “[**]” shall not include, and no royalties shall be payable on, transfers by Virpax, its Affiliates or Sublicensees of free samples of Licensed Products or clinical trial materials containing Compound or transfers of Licensed Products to patients under any Virpax, Affiliate or Sub-licensee’s patient assistance programme or other transfers or dispositions for charitable, promotional, pre-clinical, clinical, manufacturing, testing or qualification, regulatory or governmental purposes. Certain identified information has been excluded because it is both not material and would likely cause competitive harm if publicly disclosed.
Sales Subject to Royalties. Sales between Neoprobe, its Affiliates and Sublicensees shall not be subject to royalties hereunder. Royalties shall be calculated on Neoprobe’s, its Affiliates’ or, subject to Section 6.3, its Sublicensees’ sale of the Licensed Products to a Third Party. Royalties shall be payable only once for any given batch of the Licensed Products. For purposes of determining Net Sales, the Licensed Product shall be deemed to be sold when invoiced. Confidential Treatment – Asterisked material has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
Sales Subject to Royalties. Sales between IPC, its Affiliates and Licensees shall not be subject to royalties hereunder. Royalties shall be calculated on IPC’s, its Affiliates’ and Licensee’s sale of Products to a Third Party (including Distributors). Royalties shall be payable only once for any given batch of Products. For purposes of determining Net Sales, no royalties shall be payable on transfers by IPC or its Affiliates or Licensees of free samples of Products, clinical trial materials containing Compound, or transfers or dispositions for charitable, promotional, pre-clinical, clinical, manufacturing, testing or qualification, regulatory or governmental purposes.
Sales Subject to Royalties. 15.8.1 Sales between AstraZeneca or CAT as the case may be, its Affiliates and Sub-licensees shall not be subject to royalties hereunder. Royalties shall be calculated [***]. Royalties shall be payable only once for any given batch of Products. For the purposes of determining Net Sales, the Product shall be deemed to be sold when invoiced and a “sale” shall not include, and no royalties shall be payable on, transfers by AstraZeneca or CAT, its Affiliates or Sub-licensees of free samples of Products or clinical trial materials containing CDs or other transfers or dispositions for charitable, pre-clinical, clinical or regulatory purposes. No royalties shall be payable on any transfer between the Parties and/or their Affiliates.
