Common use of Additional Payment Obligation Clause in Contracts

Additional Payment Obligation. In consideration of: the licenses granted to IPC under this Agreement to AFAM Technology, AFAM Improvements, FSA Product Improvements and Microactuation Technology, the obligation to sell AFAMs to IPC at AKI's cost, and the above-described commitment to provide services, and in addition to the payment obligations of IPC set forth in Sections 5.2 and 6.1 hereof, IPC agrees to pay AKI, on a monthly basis as set forth in Section 6.3 hereof, from July 1, 2001 until January 17, 2012, [* * *] of all Other Product Revenue (as hereafter defined) produced from the operation of each and every AFAM (regardless of whether an AFAM was purchased from AKI or was manufactured by IPC or any third party). For purposes of this Agreement, "Other Product Revenue" shall mean all revenue received by IPC from sales or other dispositions of the circuit portion of other products produced on AFAMs (other than products covered by Section 6.1 hereof) pursuant to the license granted in Section 3.3 hereof, without any deductions or offsets, regardless of whether revenue is received on a per piece basis, as a general payment or prepayment for products in bulk, as a payment for services or intellectual property rights, is incorporated into the price of other products, as a return on investment, or otherwise. In the event that IPC receives revenue from any third party resulting from the sale or other disposition of goods or the provision of services, an equitable allocation of revenue shall be made between the products giving rise to a royalty under this Section 6.2 and such other goods or services. The parties acknowledge that sales by IPC to Philips constitute Other Product Revenue.

Appears in 1 contract

Sources: License and Development Agreement (Innovex Inc)

Additional Payment Obligation. In consideration of: the licenses granted to IPC under this Agreement to AFAM Technology, AFAM Improvements, FSA Product Improvements and Microactuation Technology, the obligation to sell AFAMs to IPC at AKI's cost, and the above-described commitment to provide services, and in addition to the payment obligations of IPC set forth in Sections Section 5.2 and 6.1 hereof, IPC agrees to pay AKI, on a monthly basis as set forth in Section 6.3 hereof, for twelve (12) years from July 1, 2001 until January 17, 2012the Effective Date, [* * *] of all Other Product Revenue (as hereafter defined) produced from the operation of each and every AFAM (regardless of whether an AFAM was purchased from AKI or was manufactured by IPC or any third party). For purposes of this Agreement, "Other Product Revenue" shall mean all revenue received by IPC from sales or other dispositions of the circuit portion of other products produced on AFAMs (other than products covered by Section 6.1 hereof) pursuant to the license granted in Section 3.3 hereof, without any deductions or offsets, regardless of whether revenue is received on a per piece basis, as a general payment or prepayment for products in bulk, as a payment for services or intellectual property rightsservices, is incorporated into the price of other products, as a return on investment, or otherwise. In the event that IPC receives revenue from any third party resulting from the sale or other disposition of goods or the provision of services, an equitable allocation of revenue shall be made between the products giving rise to a royalty under this Section 6.2 and such other goods or services. The parties acknowledge that sales by IPC to Philips constitute Other Product Revenue.

Appears in 1 contract

Sources: License and Development Agreement (Innovex Inc)