Third Party Royalties definition

Third Party Royalties means any royalties Licensee owes to one or more third parties pursuant to one or more licenses to intellectual property rights entered into by Licensee to avoid infringement of such rights by the practice of the Patent Rights or Copyrights in the manufacture, use, or sale of any Licensed Product, or to avoid infringement-related litigation with respect to the practice of the Patent Rights or Copyrights, as determined by Licensee in its reasonable discretion.

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 Royalties means up-front, milestone, royalty and any other similar payments paid by Gilead to any Third Party for Offsetting Patents for the Development, manufacture, use sale, offer for sale, or importation of Compound or Product.

Examples of Third Party Royalties in a sentence

• In the event that Licensee is required to pay Third Party Royalties, then Licensee may deduct an amount equal to fifty percent (50%) of any Third Party Royalties from any Running Royalties due University hereunder (See: Section 4.01(D)) if and only if: (a) the third party is not an Affiliate of Licensee or any Permitted Sublicensee; and (b) the application for the third party patent upon which such claim is based has a priority filing date no more than eighteen (18) months prior to the Effective Date.

• For clarify, a deduction for particular Third Party Royalties may only be taken for such Third Party Royalties that are applicable and payable to the third party during the applicable Calendar Quarter (i.e. Licensee may not deduct any accrued Third Party Royalties from prior periods).

• In the event that University does not own all right, title, and interest in the Patent Rights, and Licensee obtains, by license(s), assignment(s), or otherwise, rights to any third party(ies)’ interest(s) in such patent applications or patents, any amounts paid by Licensee to such third party(ies) to obtain any rights in any third party interest(s) in such Patent Rights shall be treated as Third Party Royalties.

• In the event that Licensee is required to pay Third Party Royalties, then Licensee may deduct an amount equal to fifty percent (50%) of any Third Party Royalties from any royalty amounts due University hereunder, provided that in no event shall the royalties otherwise due University be less than fifty percent (50%) of the royalties that would be payable to University absent the effects of this Section 3.10.

• If the LP does not have sufficient cash to pay the full amount of the Marvel LP Share and the SPE LP Share in any accounting period, then the available cash shall be applied to the payment of amounts owed to Marvel and SPE in the following tranches: (A) first, to SPE Third Party Royalties, (B) next, to Marvel’s share and SPE’s share of LP Net Receipts, and (C) last, to the amount referenced in Section 11.h(ii)(C).

More Definitions of Third Party Royalties

Third Party Royalties shall have the meaning provided in Section 5.6(b).

Third Party Royalties means royalties payable by either Party to a Third Party in connection with the manufacture, use or sale of Franchise Products.

Third Party Royalties means upfront, commercialization milestone, royalty and any other similar payments paid by Licensee or any Licensee Affiliate or Sublicensee to any Third Party in consideration for a license to a Blocking Patent for the Development or Commercialization of POZEN Products in the Territory.

Third Party Royalties means royalties calculated on any amount invoiced by the Company, an Affiliate or a Sublicensee for the sale of a Licensed Product and actually paid by the Company, an Affiliate, or a Sublicensee to a third party (that is not an Affiliate of the Company or such Affiliate or such Sublicensee) for the right to use patents of such third party, without which right of use the Company, its Affiliate or Sublicensee would not be entitled to use the Licensed Technology in the development, manufacture and sale of the Licensed Product; provided, that the duty to pay the royalty to such third party has been established in an arm’s-length transaction and in good faith and is set out in a written agreement.

Third Party Royalties means any and all royalties and payments paid or payable to third parties for rights and/or services in connection with the Project.

Third Party Royalties means the charges payable to third parties as identified in and Schedule 2 (External Use) and Schedule 3 (Internal Use).

Third Party Royalties has the meaning assigned thereto in Section 7.4(a).