Third Party IP Costs definition

Third Party IP Costs means, on a per ANDA Product basis and for a given calendar quarter, the royalties and other payments (including upfront fees and milestone payments) paid by Impax to a Third Party in consideration for a license or other rights to intellectual property necessary or useful for the manufacture, development, commercialization, use, or sale of such ANDA Product in the Territory.
Third Party IP Costs means all upfront payments, milestone payments, license fees, royalties or other payments paid or payable to any Third Party under any agreement to license or acquire rights to Third Party IP following a determination by the JDC or the JCC (in accordance with Section 2.1(b)(xiii) or Section 2.2(b)(viii), respectively) that it is necessary or advisable to obtain such Third Party IP license or rights in order to use, import, offer for sale or sell Licensed Product in the Field in the Territory or in order to Manufacture Licensed Product for use, import or sale in the Field in the Territory; provided, however, that if any agreement pursuant to which such Third Party IP license or rights are obtained also conveys rights (i) for products and/or technology that are not Licensed Products and/or (ii) for use, import or sale outside the Territory, then only that portion of such payments that is fairly allocable to Licensed Product used, imported, offered for sale or sold or Manufactured for use, import or sale in the Territory shall be included within Third Party IP Costs.
Third Party IP Costs means Out-of-Pocket Costs, comprising (a) [***] paid by either Party after the Effective Date to a Third Party pursuant to a Third Party IP Agreement approved by the Parties pursuant to Section 9.6 (In-License Agreements), or (b) to the extent not included in clause (a) of this Section 1.357 (Third Party IP Costs), [***].

Examples of Third Party IP Costs in a sentence

  • Each Party and its Affiliates shall keep complete and accurate records of the items underlying Development Costs, Allowable Expenses, Other Income, Net Sales, Commercial Milestone Payments, royalties, [***], Third Party IP Costs, the Development Reconciliation Procedures and the P&L Reconciliation Procedures, and any other elements required to prepare the reports or calculate payments required hereunder (collectively, the “Reconciliation Procedures”), and any other payments under this Agreement.


More Definitions of Third Party IP Costs

Third Party IP Costs shall have the meaning set forth in Section 4.01(e)(i).
Third Party IP Costs shall be taken into account in determining Pre-Tax Profit or Loss as provided in the Financial Exhibit.
Third Party IP Costs means, with respect to a Profit-Share Product, royalties, license fees or other payments, as applicable, that are (a) reasonably allocable to, and necessary or useful for, the Development, Manufacture or Commercialization of such Product in the Field in the Territory, (b) incurred by either Party or its Affiliates to license Intellectual Property Rights from a Third Party, and (c) are first licensed by such Party or its Affiliate after the Effective Date.
Third Party IP Costs means, with respect to a Profit-Share Product, royalties, license fees or other payments, as applicable, that are
Third Party IP Costs has the meaning set forth in Section 9.8.

Related to Third Party IP Costs

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Third Party Costs means all such third party costs (including legal and other professional fees) in respect of each Individual Scheme as a Partner reasonably and properly incurs in the proper performance of its obligations under this Agreement and as agreed by the Partnership Board. Working Day means 8.00am to 6.00pm on any day except Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday (in England) under the Banking & Financial Dealings Act 1971.

  • Third Party License means licenses from third parties governing third party software embedded or used in the Trading Platform.

  • Third Party Royalties means royalties or payments actually paid by the Company or its Affiliates to an unaffiliated third party for the right to use or exploit technology, products or proprietary rights of such third party to create or sell Licensed Product/s, which third party’s rights would otherwise be infringed or violated.

  • Third Party Licenses has the meaning set forth in Section 3.

  • Third Party Material means software, software development tools, methodologies, ideas, methods, processes, concepts and techniques owned by, or licensed to a third party and used by the Service Provider in the performance of the Services;

  • Third Party Payments means the payment made through instruments issued from an account other than that of the beneficiary investor mentioned in the application form. However, in case of payments from a joint bank account, the first named applicant/investor has to be one of the joint holders of the bank account from which payment is made.

  • Third Party Content means all software, data, text, images, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of Oracle that You may access through, within, or in conjunction with Your use of, the Services. Examples of Third Party Content include data feeds from social network services, rss feeds from blog posts, Oracle data marketplaces and libraries, dictionaries, and marketing data. Third Party Content includes third-party sourced materials accessed or obtained by Your use of the Services or any Oracle-provided tools.

  • Third Party Payment means payment through an instrument issued from a bank account other than that of the beneficiary investor. In case of payments from a joint bank account, the first named investor/holder of the mutual fund folio has to be one of the joint holders of the bank account from which payment is made.

  • Third Party Infringement Claim has the meaning set forth in Section 9.4.

  • Third Party Contractor as used in the Student Data Protection Act and “Operator” as used in COPPA. De-Identified Information (DII): De-Identification refers to the process by which the Contractor removes or obscures any Personally Identifiable Information (“PII”) from Education Records in a way that removes or minimizes the risk of disclosure of the identity of the individual and information about them.

  • Third Party Product means a product (whether hardware, software or services) supplied to you by a third party;

  • Third Party Data has the meaning set forth in Section 9.3(a).

  • Third Party Products means the Third Party Software and Third Party Hardware.

  • Third Party Materials means any materials and information, including documents, data, know-how, ideas, methodologies, specifications, software, content, and technology, in any form or media, in which any Person other than the State or Contractor owns any Intellectual Property Right, but excluding Open-Source Components.