Sublicense Fees and Royalties. (a) Licensee shall pay to Licensor thirty five percent (35%) of any lump sum fee that is not an earned royalty, including but not limited to any fixed fee, license fee, milestone payment, unearned portion of any minimum royalty payment, equity, joint marketing fee, intellectual property cross license, research and development funding in excess of Licensee’s cost of performing such research and development, and any other property, consideration, or thing of value given or exchanged for a sublicense regardless of how the Licensee and Sublicensee characterize such payments or consideration (collectively, “Sublicense Income”). Once Licensee has raised over ten million dollars ($10M) in funding or five years have passed from the Effective Date, whichever occurs first, the sublicensing rate in this Section 4.5(a) shall decrease from thirty five percent (35%) to fifteen percent (15%).
Sublicense Fees and Royalties. For each sublicense granted by Licensee, Licensee shall pay to Tufts [***] percent ([***]%) of that portion of any sublicense issue fees or license maintenance fees received by Licensee which are reasonably attributable to sublicenses of rights granted to Licensee hereunder. Funds received by Licensee from a sublicensee for research conducted by Licensee, achievement of product development-related performance milestones, or for equity investments in Licensee will not be subject to any fees hereunder. For the Medical Field of Use, for each sublicense granted by Licensee, Licensee shall pay to Tufts the lesser of (i) [***] percent ([***]%) of any royalty payments received under such sublicense with respect to the Gross Sales by the sublicensee of Licensed Products covered by a claim contained in an issued Patent Right or a claim included in a pending application covering a Patent Right on a country-by-country basis or (ii) the royalty which would be due, pursuant to Section 3.4, if Licensee, rather than the sublicensee, had sold the Licensed Product. For the Disinfectant Field of Use, for each sublicense granted by Licensee, Licensee shall pay to Tufts the lesser of (i) [***] percent ([***]%) of any royalty payments received under such sublicense with respect to the Gross Sales by the sublicensee of Licensed Products covered by a claim contained in an issued Patent Right or a claim included in a pending application covering a Patent Right on a country-by-country basis or (ii) the royalty which would be due, pursuant to Section 3.4, if Licensee, rather than the sublicensee, had sold the Licensed Product. All other provisions of the Agreement remain unchanged and in full force and effect. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended. TUFTS UNIVERSITY PARATEK PHARMACEUTICALS, INC. By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxxx (signature) (signature) Xxxxxx X. Xxxxx Xxxxxx X. Xxxxxxx Name Name Senior Director, University Development Executive Vice President Title Title 12/23/97 12/29/97 Date Date Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of th...
Sublicense Fees and Royalties. For the Medical Field of Use, Licensee agrees to make the following payments to Tufts:
Sublicense Fees and Royalties. In the event Licensee or its Subsidiaries elects to grant to Sublicensees some or all of the sublicense rights pursuant to Section 2.1(c) of the Agreement, Licensee agrees to make the following payments under the following circumstances: Design Rights Fee: Subject to the restrictions on sublicensing contained in the Agreement, Licensee or its Subsidiaries may sublicense free-of-charge to Sublicensees the right for Sublicensees to internally use the Deliverables for the design and development of Devices for which Sonics has previously received a Commencement Notice pursuant to Section 3 of this Exhibit A.
Sublicense Fees and Royalties. In the event Licensee or its Subsidiaries elects to grant to Sublicensees some or all of the sublicense rights pursuant to Section 2.1(c) of the Agreement, Licensee agrees to make the following payments under the following circumstances:
Sublicense Fees and Royalties. In consideration for the sublicense, Licensee shall pay to Licensor thirty percent (30%) of any lump-sum fee or advance payment received by Licensee from any Sublicensee, regardless of how the Licensee and Sublicensee characterizes such payments, including but not limited to license fees, minimum annual royalties, milestone payments, etc. Licensee shall not receive from Sublicensees anything of value in lieu of cash payments in consideration for any sublicense under this Agreement without the express prior written permission of Licensor. In addition, Licensee shall pay to Licensor a royalty on Net Sales made under any sublicense which royalty rate shall be thirty percent (30%) of the royalty rate charged by Licensee on Net Sales by such Sublicensee, and in no event shall the royalty paid to Licensor be reduced to less than one percent of Sublicensee Net Sales.
Sublicense Fees and Royalties. Licensee shall pay to Licensor the percentage specified below of any lump sum fee that is not an earned royalty, any fixed fee, license fee, milestone payment, unearned portion of any minimum royalty payment, joint marketing fee, intellectual property cross license, and any other property, consideration or thing of value given or exchanged as compensation for a sublicense (collectively, “Sublicense Income”). All such consideration received by Licensee shall be fully auditable by Specific terms in this exhibit have been redacted because confidential treatment for those terms has been requested. These redacted terms have been marked in this exhibit with three asterisks [***]. An unredacted version of this exhibit has been separately filed with the Securities and Exchange Commission. KUCTC-Reata Confidential [***]
Sublicense Fees and Royalties. Licensee shall pay to Licensor the percentage specified below of any lump sum fee that is not an earned royalty, any fixed fee , license fee, milestone payment, unearned portion of any minimum royalty payment, joint marketing fee, intellectual property cross license , and any other property, consideration or thing of value given or exchanged as compensation for a sublicense (collectively, “Sublicense Income”). All such consideration received by Licensee shall be fully auditable by Specific terms in this Exhibit have been redacted because such terms are both not material and are of the type that the Company treats as private or confidential. These redacted terms have been marked in this Exhibit with three asterisks [***].
Sublicense Fees and Royalties. Licensee shall pay to Licensor [ *** ] of the following revenues received by Licensee from its Sublicensees: any lump sum fee that is not an earned royalty, including but not limited to any fixed fee, license fee, milestone payment, unearned portion of any minimum royalty payment, equity, joint marketing fee, intellectual property cross-license, research and development funding of more than 15% over Licensee’s cost of performing such research [ *** ] = Confidential material redacted and filed separately with the Commission. and development, and any other property, consideration or thing of value given or exchanged for a Sublicense regardless of how the Licensee and Sublicensee characterize such payments or consideration, provided that funds specifically paid to Licensee as a contribution to or for patent costs shall be excluded, (collectively, “Sublicense Income”). All such consideration received by Licensee shall be fully auditable by Licensor. Any non-cash consideration, including, without limitation, equity in other companies or equity investments in Licensee, received by the Licensee from any Sublicensee(s) will be valued at its Fair Market Value as of the date of receipt by Licensee. In addition, Licensee shall pay to Licensor a royalty on Net Sales made under any Sublicense which royalty rate shall be the greater of (a) [ *** ] of the royalty rate charged by Licensee on Net Sales by such Sublicensee, or; (b) [ *** ] of Net Sales by such Sublicensee.
Sublicense Fees and Royalties. In consideration of the grant of, and pursuant to the terms of the CBD Biotech Sublicense Agreement, as more specifically set forth therein, ICS shall pay to CBD Biotech a license fee (the “License Fee”) and a continuing gross royalty (the “Royalty”) as follows:
