TONNAGE ROYALTY Sample Clauses

TONNAGE ROYALTY. Lessee shall pay to Lessor a tonnage royalty for the coal mined from the Leased Premises during each calendar month of the term hereof, to be received by Lessor within twenty (20) days from the end of the month to which payment applies, as set forth on Exhibit B attached hereto. The term “coal” referred to herein shall include any low- coal content merchantable product that is sometimes sold and shipped under various trade names including, but not limited to, bone, coal, fuel and middlings. The term “ton” referred to herein shall mean 2,000 pounds. Subject to the qualification hereinafter stated in this paragraph, “gross selling price” of coal shall, for all purposes under this Lease, be the amount received, either directly or indirectly by the vendor or vendors thereof, whether or not the Lessee is the vendor, upon sale thereof after preparation and/or tippling, regardless of who owns or operates such facilities, to the ultimate consumer f.o.b. railroad cars or other transport at the ultimate tipple or tipples at which coal mined hereunder has been prepared and loaded into railroad cars or other transport for shipment to the ultimate consumer, without any deduction for transportation, selling expense, sale commission or other deductions. If the point of sale to the ultimate consumer is other than at the actual mine site or other property owned or controlled by Lessor or its affiliates and leased or subleased to Lessee, and Lessee transports coal from the mine site to a preparation plant (other than on the Leased Premises or other property owned or controlled by Lessor and leased or subleased to Lessee) (a “Third-Party Plant”) for processing, loading and shipment, then Lessee may deduct reasonable transportation costs from the Leased Premises to such Third-Party Plant from the gross selling price in the calculation of tonnage royalty payable hereunder. If any party to any sale or other disposition of the coal shall have any direct or indirect financial interest in any other party to such transaction, the price charged to the ultimate consumer of the coal involved in such transaction, less such deductions therefrom as Lessor may from time to time approve in writing, shall be taken and treated as the amount received therefor. It is this section’s intent that the gross selling price be the highest price received by Lessee, its affiliates or any direct or indirect financially related company, in the last arm’s-length transaction through the final sale to the u...
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TONNAGE ROYALTY. Sublessee shall pay to Sublessor, or upon request of Sublessor, directly to Base Lessor, the tonnage royalty or production royalty (“tonnage royalty”) required to be paid pursuant to the applicable Base Lease. Tonnage royalty shall be calculated and determined in the same manner as such tonnage royalty is required to be calculated under the applicable Base Lease from which such Subleased Coal is mined.
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TONNAGE ROYALTY. Lessee covenants and agrees to pay to Lessor as tonnage royalty for each ton of coal of two thousand (2000) pounds mined and removed by approved mining method from the demised premises, an amount of money equal to (a) Sixty Cents ($0.60) or (b) Three Percent (3%) of the gross sales price, whichever sum is greater, of said coal f.o.
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TONNAGE ROYALTY. Vulcan agrees to purchase from APM, at the rate of XXXXX ($XXX) per ton ("Purchase Price"), all of the Mineral Products necessary for Vulcan to operate its Asphalt Plant and if applicable, the Ready Mix Plant. The amount of Mineral Products purchased by Vulcan shall not be less than the 250,000 tons per year referenced above. If Vulcan determines that APM is unable to provide Vulcan with sufficient quantities of materials, Vulcan may obtain any additional minerals and aggregates from outside sources. For the life of the Agreement and all extensions, any deliveries of Mineral Products ordered by Vulcan and delivered and/or picked up by a Vulcan client shall be counted towards fulfillment of Vulcan's guaranteed 250,000 annual minimum requirement and will be billed by APM to Vulcan at the Purchase Price.
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TONNAGE ROYALTY. 3.1 LESSEE covenants and agrees to pay to LESSOR during the Mining Term of this Restated and Amended Coal Lease, without demand therefor, a tonnage royalty (the "Tonnage Royalty") on each ton of 2,000 pounds of coal mined, removed and sold from the Property as follows: (i) for all coal mined and removed by any method other than the deep or underground method of mining (a) eight percent (8%) of the gross selling price of the coal or Two Dollars ($2.00), whichever is greater, if LESSOR owns both the coal in, on or under the Property and the surface thereof, or (b) six percent (6%) of the gross selling price of the coal or One Dollar and Sixty Cents ($1.60), whichever is greater, if LESSOR owns only the coal in, on or under the Property, or (c) two percent (2%) of the gross selling price of the coal or Forty Cents ($0.40), whichever is greater, if LESSOR owns only the surface of the Property, and (ii) for all coal mined, removed and sold by the deep or underground method of mining six percent (6%) of the gross selling price of the coal or One Dollar and Sixty Cents ($1.60), whichever is greater, regardless of whether LESSOR owns only the coal in, on or under the Property, or both the surface of the Property and said coal; PROVIDED, that payment pursuant to each of the subdivisions of this ARTICLE 3.1 shall be mutually exclusive and LESSOR shall only be paid pursuant to one of such subdivisions for each ton of coal mined and removed and subsequently sold by LESSEE; and PROVIDED FURTHER, that no payment shall be made to LESSOR pursuant to subdivision (ii) if LESSOR owns only the surface of the Property. On or before the 30th day of each calendar month, LESSEE shall account to LESSOR for all the coal mined, removed and sold from the Property during the preceding calendar month, and LESSEE shall pay to LESSOR the Tonnage Royalty thus found to be due for such preceding calendar month, subject to recoupment as provided for in ARTICLE SIX. 3.2 As used in this Restated and Amended Coal Lease, the term "gross selling price" shall mean the price received by LESSEE, or any affiliate thereof, in a bona fide arms' length transaction less all of the following costs actually incurred by LESSEE or its affiliates, (i) all transportation costs from the mine to the customer, (ii) all tippling, processing or cleaning costs, (iii) severance taxes, (iv) any tax imposed by the Black Lung Benefits Revenue Act of 1977, as now in existence or as it may be hereafter amended, (v) the Re...
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TONNAGE ROYALTY. 7.1 Lessee shall pay to Lessor for each ton (2,000 pounds) of coal mined and removed from the Premises a tonnage royalty (the "Tonnage Royalty") equal to the following: 7.1.1 if such coal is mined and removed by a sublessee of Lessee, the greater of (i) three per cent (3%) of the gross selling price of such coal, as defined in Section 7.2 or Section 7.3 or (b) one-half (1/2) of the tonnage royalty thereon payable by such sublessee to Lessee; or 7.1.2 otherwise three and one-half (3 1/2) per cent of the gross selling price of such coal, as defined in Section 7.2 or Section 7.3. 7.2 For the purpose of calculating Tonnage Royalty upon coal sold to parties not affiliated in any way with Lessee or, in the instance of a sublease, upon coal sold to parties not affiliated in any way with the sublessee, the gross selling price of coal shall be: 9 10 7.2.1 if such coal is shipped by rail car, either raw or after preparation, the price actually charged the ultimate purchaser f.o.b. rail car;
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TONNAGE ROYALTY. Lessee shall pay the Lessor on or before the 25th day of each calendar month of this Agreement, and during any renewal term thereof, a tonnage royalty for all coal mined, removed, sold and shipped from the leased premises during the immediate preceding calendar month. Such tonnage royalty shall be computed on each shipment of coal and shall constitute the aggregate of: (a) In the case of such coal mined by the surface or strip mining method where the Lessor is the owner of both the coal and the surface lands, the greater of (i) the amount determined by multiplying the sales price per ton of coal for each shipment by the number of tons of coal mined, removed, sold and included in such shipment and multiplying the resulting dollar amount by six per cent (6%), or (ii) the amount determined by multiplying the number of tons of coal mined, removed, sold and included in such shipment by $1.25; (b) In the case of such coal mined by the surface or strip mining method where the Lessor is the owner of the coal only, the greater of (i) the amount determined by multiplying the sales price per ton of coal for each shipment by the number of tons of coal mined, removed, sold and included in such shipment and multiplying the resulting dollar amount by four per cent (4%), or (ii) the amount determined by multiplying the number of tons of coal mined, removed, sold and included in such shipment by $1.00; (c) In the case of coal owned or controlled by the Lessee and mined by the surface or strip mining method where the Lessor is the owner of the surface lands only, the greater of (i) the amount determined by multiplying the sales price per ton of coal for each shipment by the number of tons of coal mined, removed, sold and included in such shipment and multiplying the resulting dollar amount by two per cent (2%), or (ii) the amount determined by multiplying the number of tons of coal mined, removed, sold and included in such shipment by $0.40; (d) In the case of such coal mined by the auger mining method where the Lessor is the owner of both the coal and the surface lands, the greater of (i) the amount determined by multiplying the sales price per ton of coal for each shipment by the number of tons of coal mined, removed, sold and included in such shipment and multiplying the resulting dollar amount by six per cent (6%) or, (ii) the amount determined by multiplying the number of tons of coal mined, removed, sold and included in such shipment by $1.25; (e) In the case of such ...
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Related to TONNAGE ROYALTY

  • Production Royalty When Lessee commences production of ores, minerals or materials from the premises, Lessee shall pay to Lessor a production royalty of 3% of the Net Smelter Returns (NSR) received by Lessee from the sale of said ores, minerals or materials, from the Premises. Lessor may buy out the Lessee’s Production Royalty at a rate of One Million Dollars ($1,000,000.00) per Royalty percentage, with the Lessee retaining One Percent (1%). (1) If Lessee sells refined gold or silver, Lessee will be deemed to have received proceeds from the sale thereof equal to the number of ounces of refined gold or silver outturned to Lessee's account during the calendar quarter multiplied in the case of gold by the average daily London Bullion Brokers P .M Gold Fixing during such calendar quarter and in the case of silver by the average of the daily Engelhard industrial bullion price for silver during the calendar quarter. The average price for a calendar quarter shall be determined by dividing the sum of all daily prices posted during the calendar quarter by the number of days that prices were posted. The posted price shall be obtained from the Wall Street Journal, Reuters, E&MJ or other industry-accepted source. If a posted price referenced above becomes no longer available, Lessee shall, acting reasonably, select an alternative posted price that closely approximates such original posted price. Lessee shall have the right to market and sell to third parties refined gold and silver in any manner it chooses, including the sale of such refined gold and silver on the commodity market. In this regard, Lessor shall have no right to participate in any gains and/or profits or obligation to suffer any losses accruing to Lessee as a result of forward sales, options trading, commodities futures trading or similar transactions. (2) Charges to be deducted from proceeds in determining Net Smelter Returns (a) all costs, charges and expenses paid or incurred by Lessee for treatment in the smelting and refining processes (including handling, processing, interest and provisional settlement fees, sampling, assaying and representation costs, penalties and other processor deductions);

  • Earned Royalty In addition to the annual license maintenance fee, ***** will pay Stanford earned royalties (Y%) on Net Sales as follows:

  • Minimum Royalty At the beginning of each calendar year during the term of this Agreement, beginning January 1, 2016, Company shall pay to Medical School a minimum royalty of {***}. If the actual royalty payments to Medical School in any calendar year are less than the minimum royalty payment required for that year, Company shall have the right to pay Medical School the difference between the actual royalty payment and the minimum royalty payment in full satisfaction of its obligations under this Section, provided such minimum payment is made to Medical School within sixty (60) days after the conclusion of the calendar year. Waiver of any minimum royalty payment by Medical School shall not be construed as a waiver of any subsequent minimum royalty payment. If Company fails to make any minimum royalty payment within the sixty-day period, such failure shall constitute a material breach of its obligations under this Agreement, and Medical School shall have the right to terminate this Agreement in accordance with Section 8.3.

  • Minimum Royalties If royalties paid to Licensor do not reach the minimum royalty amounts stated in Section 3.3 of the Patent & Technology License Agreement for the specified periods, Licensee will pay Licensor on or before the Quarterly Payment Deadline for the last Contract Quarter in the stated period an additional amount equal to the difference between the stated minimum royalty amount and the actual royalties paid to Licensor.

  • Earned Royalties In partial consideration of the License and subject to Sections 3.7 and 3.8, Company will pay to Penn: (i) a graduated royalty as set forth in the table below based upon worldwide annual Net Sales made by Company and its Affiliates (but not sublicensees) of any Designated Compound Sold for use in the Field of Use while covered in the country of Sale of expected use by a Valid Claim of the Assigned BMS Patents that is licensed to Company under the License (but no other Licensed Product): <$500 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$500 million but <$750 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$750 million but <$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% [CONFIDENTIAL TREATMENT REQUESTED] /*/ PATENT LICENSE AGREEMENT (ii) a royalty of [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%) of Net Sales made by Company and its Affiliates (but not sublicensees) for all Licensed Products that qualify as “Licensed Products” hereunder based on clause (b) of that definition and Sold while covered in the country of Sale of expected use by a Valid Claim of the Penn Existing Patents or Penn New Patents; provided that, notwithstanding any credits provided for in Section 3.7 but subject in all events to Section 3.8, royalties payable by Company for such Net Sales for such Licensed Products shall not be less than [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%). Only one royalty shall be due hereunder on the Sale of the same unit of Licensed Product. If a royalty accrues to a Sale of a Licensed Product under both clause (i) and (ii) above, then the higher rate of clause (i) shall apply. Only one royalty shall be due hereunder on the Sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one Valid Claim of the Penn Patent Rights.

  • Royalty Payment In partial consideration of the grant of rights to Schering by ICN under this Agreement, Schering shall pay ICN a royalty in the following amount: (a) with respect to sales of Product in the EU, [REDACTED] of Net Sales, [REDACTED], but in no event less than [REDACTED] of Net Sales; and (b) with respect to sales of Product in the Territory, other than in the EU: [REDACTED]; [REDACTED]; and [REDACTED]; provided, however, that in no event shall the royalty on sales of the Product in any country in the Territory (including the EU) be less than [REDACTED] per capsule sold based on a [REDACTED], [REDACTED] per capsule sold based on a [REDACTED], and [REDACTED] sold based on a [REDACTED], such amounts to be proportionately adjusted based on a scale of [REDACTED] for other capsule sizes less than [REDACTED] and based on a scale of [REDACTED] for other capsule sizes in excess of [REDACTED]; provided further, however, that if in any country in the Territory ICN is also marketing the Product, and if at any time ICN's current actual net selling price for the Product is less than [REDACTED] of Schering's current actual net selling price for the Product (based on the same capsule size and comparable terms and conditions, and other than due to increases in price by Schering), then such minimum royalty shall no longer apply to sales of the Product by Schering in such country (and such minimum royalty shall not be reinstated). In the event any third party is also marketing oral ribavirin in any country in the Territory, then Schering shall not be obligated to pay the minimum royalty provided for in this Section 6.2 for that country. [REDACTED] For purposes of this Section 6.2, the current actual net selling price shall be determined on a country-by-country basis, for each calendar quarter, by dividing the Net Sales of capsules of a particular capsule strength by the total number of capsules of the same strength that were sold and sampled in such country during such period. Each Party shall have the right to audit the books and records of the other Party for the purpose of verifying the current actual net selling price, in accordance with the procedures set forth in Section 6.10.

  • Royalty Payments (1) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate. (2) LICENSEE shall pay earned royalties quarterly on or before February 28, May 31, August 31 and November 30 of each calendar year. Each such payment shall be for earned royalties accrued within LICENSEE’s most recently completed calendar quarter. (3) Royalties earned on sales occurring or under sublicense granted pursuant to this Agreement in any country outside the United States shall not be reduced by LICENSEE for any taxes, fees, or other charges imposed by the government of such country on the payment of royalty income, except that all payments made by LICENSEE in fulfillment of UNIVERSITY’s tax liability in any particular country may be credited against earned royalties or fees due UNIVERSITY for that country. LICENSEE shall pay all bank charges resulting from the transfer of such royalty payments. (4) If at any time legal restrictions prevent the prompt remittance of part or all royalties by LICENSEE with respect to any country where a Licensed Product is sold or a sublicense is granted pursuant to this Agreement, LICENSEE shall convert the amount owed to UNIVERSITY into US currency and shall pay UNIVERSITY directly from its US sources of fund for as long as the legal restrictions apply. (5) LICENSEE shall not collect royalties from, or cause to be paid on Licensed Products sold to the account of the US Government or any agency thereof as provided for in the license to the US Government. (6) In the event that any patent or patent claim within Patent Rights is held invalid in a final decision by a patent office from which no appeal or additional patent prosecution has been or can be taken, or by a court of competent jurisdiction and last resort and from which no appeal has or can be taken, all obligation to pay royalties based solely on that patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such final decision. LICENSEE shall not, however, be relieved from paying any royalties that accrued before the date of such final decision, that are based on another patent or claim not involved in such final decision, or that are based on the use of Technology.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • Royalties This agreement entitles the author to no royalties or other fees. To such extent as legally permissible, the author waives his or her right to collect royalties relative to the article in respect of any use of the article by the Journal Owner or its sublicensee.

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