Sublicense Royalties. If BI grants a sublicense hereunder to any Third Party to make, have made, use, distribute for sale or sell the BI Products in any country, BI shall pay to PPI royalties on Net Sales of the BI Products sold by such Third Party in such country at the royalty rate set forth in Section 6.1.1 that would be applicable had such sales been made by BI.
Sublicense Royalties. Exhibit B2 of the Prior Agreement is hereby amended to delete the last sentence of the first paragraph, so such paragraph will read in its entirety as follows:
Sublicense Royalties. For the Disinfectant Field of Use, for each sublicense granted by Licensee, Licensee shall pay to Tufts the lesser of (i) [***] percent ([***]%) of any royalty payments received under such sublicense with respect to sales by the sublicensee of Licensed Products covered by a claim contained in an issued Patent Right or a claim included in a pending application covering a Patent Right on a country-by-country basis or (ii) the royalty which would be due, pursuant to Section 3.4, if Licensee, rather than the sublicensee, had sold the Licensed Product.
Sublicense Royalties. For each sublicense granted by Licensee, Licensee shall pay to Tufts (a) fourteen percent (14%) of that portion of any sublicense issue fees or license maintenance fees received by Licensee which are reasonably attributable to sublicenses of rights granted to Licensee hereunder, and (b) the lesser of (i) [***] percent ([***]%) of any royalty payments received under such sublicense with respect to the Gross Sales by the sublicensee of Licensed Products covered by a claim contained in an issued Patent Right or a claim included in a pending application covering a Patent Right on a country-by-country basis or (ii) the royalty which would be due if Licensee, rather than the sublicensee, had sold the Licensed Product. Funds received by Licensee from a sublicensee for research conducted by Licensee, achievement of product development-related performance milestones, or for equity investments in Licensee will not be subject to any royalties hereunder.
Sublicense Royalties. The Licensee shall pay to the Licensor royalties in respect of sales of Licensed Products by each Sublicensee as follows:
(a) The greater of:
(i) [*]
(ii) [*]
(b) The greater of:
(i) [*]
(ii) [*]
Sublicense Royalties. LICENSEE shall pay royalties to WVURC on NET SALES of SUBJECT TECHNOLOGIES by its SUBLICENSEES based on the same royalty rate as apply to NET SALES by LICENSEE and its AFFILIATES.
Sublicense Royalties. (a) Licensee agrees to pay PHS a Sublicense Royalty based on fees received by Licensee pursuant to a sublicense of the rights granted Licensee in this Agreement, where such fees are not any of (a) payments for royalties received from a sublicensee related to the sale of Licensed Products subject to this Agreement; (b) payments received as an advance creditable against earned royalties; (c) payments received as compensation for research and development costs incurred subsequent to the effective date of the sublicense; and (d) payments received as an equity investment in Licensee. For any sublicense granted [ *** ], the Sublicense Royalty shall be [ *** ]. For any sublicense granted [ *** ], the Sublicense Royalty shall be [ *** ]. For any sublicenses granted [ *** ], the Sublicense Royalty shall be [ *** ].
(b) Licensee may contract with a sublicensee such that said sublicensee is responsible for payment to Licensee of a milestone or benchmark payment for occurrence of an event that would cause Licensee to be responsible for a payment to PHS under this Agreement pursuant to Paragraph 6.04. In such case, only that part of such payment that is received by Licensee that exceeds the amount due for a specific benchmark under Paragraph 6.04 shall be subject to a Sublicense Royalty under subsection (a) above. PHS and Licensee agree to the following modifications to the Articles and Paragraphs of this Agreement: All modifications to the Agreement are contained within the body of the Agreement. Licensee agrees to the following Benchmarks for its performance under this Agreement and, within thirty (30) days of achieving a Benchmark, shall notify PHS that the Benchmark has been achieved. First Pivotal clinical trial patient dosing on or before [ *** ] NDA /BLA filing on or before [ *** ] First Commercial Sale on or before [ *** ] First Phase I trial patient dosing on or before [ *** ] First Pivotal trial patient dosing on or before [ *** ] NDA /BLA filing on or before [ *** ] First Commercial Sale on or before [ *** ] Licensee has also indicated in its Application for License to Public Health Service Inventions, received by PHS on July 6, 2004, that pre-clinical studies might be undertaken in the field of [ *** ]. Should Licensee desire to amend this Agreement to include such field of use, Licensee shall submit to PHS a complete Commercial Development Plan and Benchmarks relating to such field of use. PHS agrees to consider, in good faith, an amendment to the Agreemen...
Sublicense Royalties. In the event that Licensee has sublicensed the Patent Rights for a given country, Licensee agrees to pay and shall pay to CSMC fifteen percent (15%) of any royalties received by Licensee from its Permitted Sublicensees with respect to sales of Products by its Permitted Sublicensee in such country (each, a “Sublicense Royalty.” and together with Direct Royalties, “Royalties”), regardless of the effective date of the sublicense agreement Licensee does not intend to knowingly sublicense the Patent Rights in any country where government marketing approvals have not been obtained.
Sublicense Royalties. The following sublicense royalties apply:
(1) For all Sublicenses under this Agreement within the Renal Field, LICENSEE shall make payments according to the terms contained in Paragraphs 3.B, 3.D(2), 3.D(3) or [***] of all compensation, whichever is greater as and when received by LICENSEE from the Sublicensee;
(2) For each Sublicense granted by LICENSEE that is within the Non-renal Field and is granted in the field of cancer therapy, LICENSEE shall pay to RUSH [***] of all compensation as and when received by LICENSEE from the Sublicensee; and
(3) For each Sublicense granted by LICENSEE that is in the Non-Renal Field and is granted in the field of diagnosis of cancer, LICENSEE shall pay to RUSH [***] of all compensation as and when received by LICENSEE from the Sublicensee. Payments shall be made (or assigned as relevant) to RUSH within thirty (30) days of receipt by LICENSEE. For this purpose compensation includes all fees, minimum royalties, milestone payments and other cash payments of any kind and any in kind payments or equity amounts taken in lieu of cash, but does not include research and development fees paid for services rendered by LICENSEE to a Sublicensee or cash delivered to LICENSEE in exchange for securities of LICENSEE under a co-development agreement or for assets other than the sublicense shall not constitute compensation for purposes of this Section. Provided further that if LICENSEE or an Affiliate provides a sublicense to any third party in exchange for any license or sublicense or covenant not to xxx granted back to LICENSEE so as to permit it to make Licensed Products, the value of said license, sublicense or covenant shall be offset against compensation, provided further that if LICENSEE contributes a sublicense to a joint venture that intends to develop Licensed Products or combination Licensed Products, then the contribution by any third party to the joint venture of cash, securities or other assets also shall not constitute compensation. Subject to the foregoing limitations, it is the intent and agreement of the parties that RUSH will be paid [***] of any kind of compensation paid by a Sublicensee for rights granted to such Sublicensee under Paragraph 3.D(2) of this Agreement without regard to how the compensation is structured, denominated or paid. Furthermore, subject to the foregoing limitations, it is the intent and agreement of the parties that RUSH will be paid [***] of any kind of compensation paid by a Sublicensee for ri...
Sublicense Royalties. If either party grants a license or sublicense -------------------- to any Third Party to make, use or sell a Product or Compound, , such party shall provide the other party with written notice of such license or sublicense, as the case may be, and shall pay to the other party in lieu of the royalties payable under Section C2.1 or C2.2, as the case may be, [ ]* of each milestone and royalty payments and other fees received from such Third Party as a result of such license or sublicense.
