Additional Per Use Fees Sample Clauses
Additional Per Use Fees. Royalties:
Additional Per Use Fees. Licensee shall pay MIPS a nonrefundable additional per use license fee of [†] in consideration for acquiring the license rights set forth in Section 2 of the Master Agreement for (a) each New Licensee Chip (as defined below) developed under this Technology Schedule and (b) for each such New Licensee Chip, two other Licensee Chips developed using the same die as such New Licensee Chip which have been packaged and bonded differently (provided such two other Licensee Chips disable certain functionalities and/or features and shall not add any new functionalities and/or features) (each a "Per Use Fee"), which Per Use Fee shall be due and payable upon the commencement of the design of each such New Licensee Chip. In the event Licensee desires to develop more than two other Licensee Chips using the same die as for the first Licensee Chip or each New Licensee Chip by packaging and/or bonding the die differently, then Licensee shall pay MIPS a nonrefundable additional per use license fee of [†] for such rights with respect to each such additional Licensee Chip (each a "Bonding Per Use Fee"). Each Bonding Per Use Fee shall be due and payable upon the commencement of the manufacture of the applicable Licensee Chip, and Licensee shall provide MIPS with the requisite purchase order in the amount of the Bonding Per Use Fee as soon as practicable after the commencement thereof. A Licensee Chip shall be considered to be a "New Licensee Chip" unless it is (i) the first Licensee Chip developed under this Technology Schedule referred to in Paragraph 6.1 above (or the two other Licensee Chips developed using the same die as for the first Licensee Chip as provided in Paragraph 6.1 above), (ii) a Licensee Chip for which a Per Use Fee or Bonding Per Use Fee has been paid (which for the sake of clarity, includes two other Licensee Chips developed using the same die as a New Licensee Chip as provided above), or (iii) has been derived from a Licensee Chip which has previously been commenced by making only error corrections, bug fixes or process geometry shrinks, where the features and functionality do not change.
