Sharing of MMI Revenue from Exploitation of Joint IP Sample Clauses

Sharing of MMI Revenue from Exploitation of Joint IP. MMI shall pay to Xxxxxxx [****] and [****] percent ([****]%) of any and all consideration received by MMI and/or its Affiliates from the license of any Joint IP to Third Parties for use outside the Field. MMI shall pay to Xxxxxxx [****] percent ([****]%) of any and all consideration received by MMI and/or its Affiliates from the license of any Joint IP to Third Parties for use in the Field (which may not occur during the Xxxxxxx Period of Exclusivity). MMI shall pay to Xxxxxxx [****] and [****] percent ([****]%) of the gross margin obtained from the sale of diagnostic kits commercialized by MMI and/or its Affiliates from sales of diagnostic kits incorporating Joint IP for use outside the Field. MMI shall pay to Xxxxxxx [****] percent ([****]%) of the gross margin obtained from the sale of diagnostic kits commercialized by MMI and/or its Affiliates from sales of diagnostic kits incorporating Joint IP for use in the Field (which may not occur during the Xxxxxxx Period of Exclusivity). Notwithstanding anything in the foregoing paragraphs of this Section 8.4 to the contrary, in recognition that any such out-licensing by MMI will likely arise from further development of MMI Technology and the Joint IP (e.g., similar traits in different species, different or additional markers), such percentages (a) shall be reduced to [****] and [****] percent ([****]%) (for inside the Field) and [****] percent ([****]%) (for outside the Field), respectively, if less than fifty percent (50%) of the markers used (by the Third Party licensee or in the diagnostic kit, as the case may be) were identified pursuant to the Research Plan as being informative in respect of Targeted Traits , (b) remain the same if ninety percent (90%) or more of the markers used (by the Third Party licensee or in the diagnostic kit, as the case may be) were identified pursuant to the Research Plan as being informative in respect of Targeted Traits, and (c) be proportionately reduced (i.e., between [****]% and [****]% and/or between [****]% and [****]%, respectively) if the percentage of the markers used is more than fifty percent (50%) and less than ninety percent (90%). This royalty shall be paid whether the Targeted Traits are licensed to the Third Party or used in the diagnostic kit, as the case may be, in their entirety or as single traits (and the “percentage-of-markers” mechanism shall be applied per trait and shall be the basis for the royalty calculation).
Sample 1
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Related to Sharing of MMI Revenue from Exploitation of Joint IP

  • Sublicense Revenue In the event Licensee or an Affiliate of Licensee sublicenses under Section 2.2, Licensee shall pay CareFusion **THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION.** of any Sublicense Revenues resulting from sublicense agreements executed by Licensee.

  • Royalties on Net Sales Novo will pay to Neose royalties as a percentage of annual Net Sales of each New Product during the Term at the applicable rates set forth in this Section 4.1 and in accordance with this Section 4:

  • Inventions, Ideas, Processes, and Designs All inventions, ideas, processes, programs, software, and designs (including all improvements) (i) conceived or made by the Executive during the course of his or her employment with the Company (whether or not actually conceived during regular business hours) and for a period of six months subsequent to the termination (whether by expiration of the Term or otherwise) of such employment with the Company, and (ii) related to the business of the Company, shall be disclosed in writing promptly to the Company and shall be the sole and exclusive property of the Company, and the Executive hereby assigns any such inventions to the Company. An invention, idea, process, program, software, or design (including an improvement) shall be deemed related to the business of the Company if (a) it was made with the Company’s funds, personnel, equipment, supplies, facilities, or Confidential Information, (b) results from work performed by the Executive for the Company, or (c) pertains to the current business or demonstrably anticipated research or development work of the Company. The Executive shall cooperate with the Company and its attorneys in the preparation of patent and copyright applications for such developments and, upon request, shall promptly assign all such inventions, ideas, processes, and designs to the Company. The decision to file for patent or copyright protection or to maintain such development as a trade secret, or otherwise, shall be in the sole discretion of the Company, and the Executive shall be bound by such decision. The Executive hereby irrevocably assigns to the Company, for no additional consideration, the Executive’s entire right, title and interest in and to all work product and intellectual property rights, including the right to sxx, counterclaim and recover for all past, present and future infringement, misappropriation or dilution thereof, and all rights corresponding thereto throughout the world. Nothing contained in this Agreement shall be construed to reduce or limit the Company’s rights, title or interest in any work product or intellectual property rights so as to be less in any respect than the Company would have had in the absence of this Agreement. If applicable, the Executive shall provide as a schedule to this Agreement, a complete list of all inventions, ideas, processes, and designs, if any, patented or unpatented, copyrighted or otherwise, or non-copyrighted, including a brief description, which he or she made or conceived prior to his or her employment with the Company and which therefore are excluded from the scope of this Agreement. References to the Company in this Section 12 shall include the Company, its subsidiaries and affiliates.

  • Sublicense Income Company shall pay Medical School {***} of all Sublicense Income. Such amounts shall be due and payable within sixty (60) days after Company receives the relevant payment from the Sublicensee.

  • Received From Third Party Such information was or is hereafter rightfully received by the party from a third party (expressly excluding the Fund’s custodian, prime broker and administrator) without restriction on its disclosure and without breach of this Agreement or of a similar confidential disclosure agreement regarding them; or

  • Benefits of Agreement; No Third-Party Rights None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Member. Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person.

  • Sublicense Fees Licensee will pay Sublicense Fees indicated in Section 3.1(e) of the Patent & Technology License Agreement on or before the Quarterly Payment Deadline for the Contract Quarter.

  • Assignments; Reinsurance; Third-Party Rights (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. None of the Transaction Parties may assign its rights under this Insurance Agreement, or delegate any of its duties hereunder, without the prior written consent of the Insurer. Any assignments made in violation of this Insurance Agreement shall be null and void.

  • PATENT LICENSE AGREEMENT EXCLUSIVE PHS and Licensee agree as follows:

  • Know-How Royalty Notwithstanding the provisions of Section 5.4.1(a), in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at [***] of the applicable royalty rate determined according to Section 5.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a).

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