Royalty Calculations. 24 4.02 Supply of Licensed Products and/or 4.03 Combination Products ............................................ 24
Royalty Calculations. The royalties and allocation of Net Sales set forth in Subsection 4.01.01 above shall be in lieu of the royalties set forth in Section 3.05 hereof with respect to Net Sales of Licensed Products or Combination Products for the United States. Net Sales for the United States subject to royalty calculations pursuant to Subsection 4.01.01 shall also not be used in computing total annual Net Sales of Licensed Products and Combination Products pursuant to Section 3.05. Upon the expiration or invalidation of the last Valid Claim of a Patent in effect in the United States that covers a Licensed Product or Combination Product, royalties payable for the United States pursuant to Subsection 4.01.01 (i) and (ii)(A) above shall be [***]
Royalty Calculations. Royalties shall not be due with respect to Licensed Products for which the purchase price has been refunded within [****] of delivery. In the event that only part of the purchase price is refunded, the royalty shall be applied in proportion to the amount of the purchase price not refunded.
Royalty Calculations. (a) For purposes of this Agreement, “Net Sales” of Licensed Products with respect to a particular period means the amounts that Lombard collects against invoices to Third Parties for sales of Licensed Products listed on Exhibit A and Licensed Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. Double Asterisks denotes omissions. Products covered by the Jervis Patent, less sales discounts, deductions, transactions costs or adjustments. Without limitation of the foregoing, Net Sales shall include all transfers of Licensed Products to Third Parties that Lombard records as a sale pursuant to generally accepted accounting principles consistently applied. The sales that are denominated in currencies other than U.S. Dollars shall be converted into U.S. Dollars based on the daily exchange rates listed in the Wall Street Journal for the last day of the Half Year period in which such sales occurred, or on such other basis to which the parties may hereafter mutually agree in writing.
Royalty Calculations. Upon the written request of PuriCore, and not more than once in each calendar year when the reports are provided pursuant to Section 3.3(b)(ii), Misonix shall permit an independent certified public accounting firm selected by PuriCore (the “Auditor”), at PuriCore’s expense, to have access during normal business hours, and upon prior written notice, to such of the records of Misonix as may be reasonably necessary to verify the accuracy of the reports hereunder and compliance with this Agreement for any calendar year ending not more than thirty-six (36) months prior to the date of such request. Upon the written request of Misonix, PuriCore shall cause the Auditor to enter into a reasonably acceptable confidentiality agreement with Misonix obligating such firm to retain all such information in confidence pursuant to such confidentiality agreement. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Royalty Calculations. Royalties, if any, are paid against revenue recorded by the party licensing to the end-user for a calendar royalty payment quarter Payment will be made by the last day of the first calendar month following the close of the royalty payment quarter. All payments will be made in U.S. Dollars. Payments based on foreign revenue will be converted to U.S. dollars on a monthly basis at the rate of exchange published by Reuters Financial Service on approximately the same day each month.
Royalty Calculations. The royalty figures identified in this Section 13.4.4 below apply only on compounds whose manufacture infringe one or more valid and enforceable claims of issued patents within the Avecia Patent Rights. Royalties referenced in Section 13.4.4(b)(i) shall be based on the actual cost of manufacturing API, calculated in accordance with the cost-accounting policy of Genta or the Principal Genta Partner (as applicable), consistently applied across all of the products of Genta or the Principal Genta Partner (as applicable) Royalties pursuant to Section 13.4.4(b)(ii) shall be based on the price of API actually paid by Genta or the Principal Genta Partner to the applicable Third Party for such API, less any taxes, duties, shipping costs, or the like, and adjusted to take into account any subsequent refunds, credits, returns or the like. Such royalty amounts shall be the flat percentage per compound indicated below, regardless if one or more than one distinct patents are used. Royalties shall be due within sixty (60) days after the end of each calendar quarter. Other than as specifically provided in this Section 13.4, neither Genta nor the Principal Genta Partner shall owe any royalties or other compensation to Avecia for the exercise of its rights hereunder.
Royalty Calculations. At the same time that it makes payment of Royalties (and, if applicable, Minimum Royalties), Hardinge shall deliver to BPT a true and complete accounting of all sales of Products, Accessories and Spares during the period for which Royalties are due, with a separate accounting of sales and receipts by country within the Territory, and by each model or version of Product, Accessory or Spare. ---------- {****} Confidential treatment requested and the redacted material has been separately filed with the Commission.
Royalty Calculations. Royalty payments due pursuant to Sections 8.4(a) and 8.4(b) shall be calculated ***. Therefore, *** The example below is for illustrative purposes only. Example: ***
Royalty Calculations. Royalties shall be payable hereunder only on Products, the manufacture, use, sale or importation of which in or into a specified country is covered by a Valid Claim. Royalties shall be determined on a [********] basis.
