Territorial Pro Ration Clause Samples

Territorial Pro Ration. In order to determine what amount of Net Sales in each tier shall be applied to Net Sales within the United States versus outside of the United States, such tier shall be pro-rated in a ratio in which global Net Sales for the applicable Calendar Quarter are divided between Net Sales in the United States and Net Sales outside of the United States. For example if, in a given Calendar Quarter, $[*] of Net Sales were made globally, and [*] of such Net Sales occurred in the United States, then JBI would pay royalties under the tier described in Section 8.1(i) on $[*] at the rate set forth for the United States (e.g. [*]) and on $[*] at the rate set forth for outside of the Unites States ($[*]). With respect to the remaining $[*], JBI would pay royalties under the tier described in Section 8.1(ii) on [*] of such Net Sales (e.g. $[*]) at the rate set forth for the United States (e.g. $[*]) and on [*] of such Net Sales (e.g. $[*]) at the rate set forth for outside of the United States (e.g. $[*]) and under the tier described in Section 8.1(iii) on [*] of such Net Sales (e.g. $[*]) at the rate set forth for the United States (e.g. $[*]) and on the [*] of such Net Sales (e.g. $[*]) at the rate set forth for outside of the United States (e.g. $[*]).