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).
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