Sublicense Income Payments. Xxxxxx shall pay Enanta the Applicable Percentage of all Sublicense Income received by Xxxxxx under Sublicense Agreements with respect to Products (“Sublicense Income Payments”). As used herein, the term “Applicable Percentage” shall mean [*****]. Xxxxxx shall make all Sublicense Income Payments within thirty (30) days of the end of the Calendar Quarter commencing with the first Calendar Quarter in which any Sublicense Income is received.
Sublicense Income Payments. If LICENSEE sublicenses PATENT RIGHTS to a SUBLICENSEE, then LICENSEE will pay to REGENTS a percentage of any cash and of the cash equivalent of other consideration owed to LICENSEE for the grant of rights under each sublicense agreement;
Sublicense Income Payments. Except as set forth in Section 3.7.3 and subject to the exclusions in Section 3.7.4, Akouos shall pay MEE a percentage of all types of payments and consideration Akouos or any of its Affiliates receives from a Sublicensee, including but not limited to sublicense issue fees, upfront payments, option fee or option rights payments, option exercise payments, development and sales milestone payments (subject to Section 3.2), annual payments or maintenance fees, technology access fees, and any other similar license, assignment or option fees or payments made by Sublicensees, in consideration for any Sublicense (“Sublicense Income”) as set forth below (each such percentage payment a “Sublicense Income Payment”):
(a) [**] percent ([**]%) of Sublicense Income attributable to a Licensed Product received after the Effective Date and prior to [**] for the Licensed Product;
(b) [**] percent ([**]%) of the Sublicense Income attributable to a Licensed Product received on or after the [**] for the Licensed Product and prior to [**] for the Licensed Product; and
(c) [**] percent ([**]%) of the Sublicense Income attributable to a Licensed Product received on or after the [**] for the Licensed Product.
Sublicense Income Payments. Except as set forth in Section 3.7.2, and subject to the reductions as described in Section 3.8 and the exclusions described in Section 3.7.3, TDTx shall pay Licensors a percentage of all types of payments and consideration ([***]) TDTx or any of its Affiliates receives under a Sublicense Agreement from a Sublicensee, including but not limited to [***] (collectively, the “Sublicense Income”) in the applicable percentage payment as set forth below (each such percentage payment of Sublicense Income is referred to as a “Sublicense Income payment” and each such percentage reduction to be applicable for a Sublicense Income Payment is referred to as a “Step-Down”):
(a) [***] of Sublicense Income attributable to all Licensed Products received under a Sublicense Agreement entered into after [***] and prior to [***];
Sublicense Income Payments. Arcus shall pay WuXi a percentage of option exercise fees, annual license fees, license maintenance fees, technology access fees, and clinical, development or regulatory milestone payments, in each case, that it receives from its sublicensees in direct connection with the sublicensees’ grant of rights to the Licensed IP, which payments, if applicable, may be prorated by Arcus, acting in good faith, to determine the proportion of such payments reasonably attributed to the Licensed IP (all such payments, collectively, “Sublicense Income”). Notwithstanding the preceding sentence, Sublicense Income shall exclude (a) any payments received by Arcus from any sublicensee’s Commercialization of Licensed Products, including royalty payments and sales milestones and (b) any reimbursements, refunds or amounts paid to support Arcus and/or its Affiliates’ research, development and commercialization activities. The percentage of Sublicense Income owed by Arcus to WuXi is determined by the date on which Arcus enters into the applicable sublicense agreement with the applicable sublicensee:
Sublicense Income Payments. In consideration for the rights granted to Ribomic hereunder, during the Non-Royalty Term applicable to each Licensed Product, Ribomic shall pay Archemix a percentage of all Sublicense Income received by Ribomic under each Sublicense Agreement entered into with respect to such Licensed Product equal to the Applicable Sublicense Income Rate (“Sublicense Income Payments”).
Sublicense Income Payments. Licensee shall pay MEE a percent of all types of payments and consideration received from a third party, including but not limited to sublicense issue fees, upfront payments, option fee or option rights payments, [***] 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. option exercise payments, development milestone payments (subject to Section 3.1.8(d)), sales milestone payments (subject to Section 3.1.8(d)), annual payments or maintenance fees, technology access fees, and any other similar license, assignment or option fees or payments made by Sublicensees to, and received by, Licensee or an Affiliate in consideration for any Sublicense (“Sublicense Income”) as set forth below (each such percentage payment a “Sublicense Income Payment”):
(i) [***] percent ([***]%) of Sublicense Income attributable to a Licensed Product received between the Effective Date and[***];
(ii) [***] percent ([***]%) of Sublicense Income attributable to a Licensed Product received between [***];
(iii) [***] ([***]%) of Sublicense Income attributable to a Licensed Product received between [***]; and
(iv) [***] ([***]%) of Sublicense Income attributable to a Licensed Product received after [***].
Sublicense Income Payments. Within thirty (30) days after the last day of each calendar quarter during the term of this Agreement and the Post-termination Period, the Company shall pay to the University ***% of all Sublicense Income earned in such quarter. In addition, the Company shall cause *** percent (***%) of the total number of shares of stock or other forms of equity issued in connection with, and as compensation for, granting a third party sublicense rights under this Agreement to be issued to the University. The payments made under this section 6(d) shall not be creditable against the Company’s other royalty obligations.
Sublicense Income Payments. (i) Company shall pay Hospital a percentage of any Sublicense Income received by Company according to the following schedule: Page 19 of 45 (ii) Notwithstanding anything to the contrary in Section 4.5(d)(i), the:
(A) percentage of Sublicense Income due to Hospital on [***] will only be adjusted to [***]% as provided in Section 4.5(d)(i) if Company pays Hospital a non-refundable, non-creditable buy-down fee of [***] Dollars ($[***]) upon the Restated Effective Date, otherwise it shall remain [***]%; and
(B) percentage of Sublicense Income due to Hospital on [***] will only be adjusted to [***]% as provided in Section 4.5(d)(i) if Company pays Hospital a non-refundable, non-creditable buy-down fee of [***] Dollars ($[***]) upon the first anniversary of the Restated Effective Date.
(i) All payments due to Hospital under this Section 4.5 shall be due and payable by Company within [***] days after the end of each Reporting Period, and shall be accompanied by a report as set forth in Sections 5.3 and 5.4.
Sublicense Income Payments. In the event that, pursuant to Section 3.6 of this Agreement, POINT or an Affiliate grants a Sublicense, POINT agrees to pay BACH a percentage of any and all Sublicense Income received by POINT or an Affiliate from any and all Sublicensees or licenses. Such payments shall be made within [***] days after the end of each Calendar Quarter during the Term during which POINT or an Affiliate receives any Sublicense Income. The amount payable shall be equal to a percentage of the Sublicense Income received during the relevant Calendar Quarter as follows: Sublicense Income from Sublicenses entered into prior to the [***] [***]% shall be payable to BACH Sublicense Income from Sublicenses entered into after [***]but before [***] [***]% shall be payable to BACH Sublicense Income from Sublicenses entered into after [***] [***]% shall be payable to BACH”
2. Except as herein specifically modified and amended herein, the Amended Agreement shall remain in full force and effect. In the event of any conflicts or discrepancies between the provisions of this Amendment and the Exclusive Sublicense Agreement, the provisions of this Amendment shall take precedence and prevail. For the convenience of the Parties, this Amendment may be executed in counterparts and by facsimile or email exchange of pdf signatures, each of which counterpart shall be deemed to be an original, and both of which taken together, shall constitute one agreement binding on the Parties.
