VALID CLAIMS. Timber to which there exists a claim under valid contracts with the State of Montana is exempted from this sale.
VALID CLAIMS. As of the Effective Date, FMI warrants and represents that it is not in possession of any information that would, in its reasonable opinion, render invalid and/or unenforceable any claims in any issued patent licensed pursuant to this Agreement. FMI has no knowledge of any inventorship disputes concerning any FMI Patent Rights.
VALID CLAIMS. All Settlement Class Members who submit a Claim elect a specific benefit, the Settlement Class Member must comply with all terms and conditions of the Settlement, as the election of benefits is irrevocable. Settlement Class Members who are paid by check shall have one hundred twenty (120) days within which to cash those checks. Upon the expiration of that one hundred twenty (120) day time period, any check not cashed within the time period allotted will become void. The voiding of any such check by the passage of time as described in this paragraph shall not serve to invalidate the Release given in Section XII hereof by any Settlement Class Member who failed timely to negotiate his, her, or its check, or the Final Approval Order and Judgment.
VALID CLAIMS. In the event that, after Option Exercise Date, Amgen requests that Xencor bring (or permit Amgen to bring) an enforcement action in any jurisdiction with respect to a Xencor Patent and Xencor refuses to do so, then the claims of such patent will no longer be considered “Valid Claims” hereunder in such jurisdiction.
VALID CLAIMS. All Class Members who submit a Claim Form must sign (or, in the case of claims made on-line on the Settlement Administrator’s website, electronically confirm), as part of the Claim Form, an attestation under penalty of perjury that: (i) they (or their business) are/were a named account holder with NAPG during the Class Period; (ii) they were a customer of NAPG between February 20, 2012 and June 5, 2017 in Connecticut, Illinois, Maryland, Maine, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Georgia or Texas; (iii) they did not have their account balance discharged due to bankruptcy or receivership; (iv) they acknowledge that submission of the Claim Form waives any Opt-Out rights that they may otherwise have; and (v) they have the legal authority to submit the Claim. Class Members who are paid by check shall have ninety (90) days within which to cash or deposit those checks. Upon the expiration of such period, any check not cashed or deposited will become void. The voiding of any such check by the passage of time as described in this paragraph shall not serve to invalidate the release given in Section XII hereof by any Class Member who failed to timely negotiate his or her check.
VALID CLAIMS. Except as otherwise provided in Section 5.6 below, Licensee shall pay Caltech a royalty of one percent (1%) of Net Revenues in countries in which the Licensed Product is covered by at least one Valid Claim. Royalties due under this Section 5.2 shall be payable on a country-by-country and Licensed Product-by-Licensed Product basis until the expiration of the last-to-expire issued Valid Claim covering such Licensed Product in such country.
VALID CLAIMS. Except as set forth below, royalties will only apply to Net Sales of Licensed Products that are the subject of at least one Valid Claim of any issued patent in the Penn Patent Rights. ****.
VALID CLAIMS. If after payment of items (i) through (iv) in Section 3.3, the total amount of Valid Claims exceeds the balance remaining in the Settlement Fund, then each Valid Claim in item (v) shall be reduced pro-rata. If after payment of items (i) through (iv) in Section 3.3, money remains in the Settlement Fund, then the amount paid for each Valid Claim it item (v) shall be increased pro-rata, up to a maximum of five times the amounts set forth in section 3.8. If after such pro-rata increase in the payment of Valid Claims, there still remains money in the Settlement Fund, then upon approval by the Court, pursuant to the cy pres doctrine, the remaining amount shall be paid in equal shares to:
VALID CLAIMS. Subject to Section 5.9, for any country in which a Valid Claim covers the Licensed Product, Licensee or its sublicensees shall pay Caltech a royalty of *** percent (***%) of Net Revenues. Royalties due under this Section 5.2 shall be payable on a country-by-country and Licensed Product-by-Licensed Product basis until the expiration of the last-to-expire patent under the Exclusively Licensed Patent Rights covering such Licensed Product in such country.
VALID CLAIMS. The per-Unit payment amount for each Valid Claim shall be $0.80, except that such amount shall be reduced pro-rata if the total value of Valid Claims exceeds the amount of the Settlement Fund less items (i) through (iv) in Section 3.3.
