Calculation of the Royalty. Covanta shall pay a royalty (the “Royalty”) to Global based on the amount of diesel that is sold by each Project equal to ten percent (10%) of the revenue derived from the sale of such diesel (exclusive of any taxes and any costs included in the price for the delivery of such diesel, which costs shall be separately stated in all such agreements for the sale of diesel) for a period of twenty (20) years from the date that the applicable Project achieves commercial operation. With respect to the Royalty, it is further agreed that:
Calculation of the Royalty. In consideration for the grant of the Title Plant License and the Software License (collectively the "Licenses"), and subject to the royalty termination provisions set forth in Section 8.02(a)(iii), so long as one or both of the Licenses are effective hereunder or PI is otherwise entitled to access any of the FNF Title Plants or the Software (including during the period pending the effectiveness of a termination under Section 8.02), PI agrees to pay to the Companies a royalty (the "Royalty"), equal to the amounts calculated in accordance with the tiered rate formula set forth on EXHIBIT A, and subject to adjustment as described on EXHIBIT A. Each Company will receive its proportionate share of any Royalty paid, calculated on the basis of the aggregate amount of usage of and access to such Company's Title Plants during the period for which the Royalty was received, with the sharing recalculated each such period. If PI is no longer obligated to provide the Services to a Company hereunder, then (subject to the royalty termination provisions set forth in Section 8.02(a)(iii)) PI shall continue to pay the Royalty to each of the Companies who remains a party to this Agreement as to which PI continues to be obligated to provide the Services, but any Company as to which Services are no longer being performed shall not share in the Royalty as of the date on which the Service obligations terminated.
Calculation of the Royalty. In consideration for the grant of the Title Plant License and the Software License (collectively the "Licenses"), and subject to the royalty termination provisions set forth in Section 8.02(a)(iii), so long as one or both of the Licenses are effective hereunder or PI is otherwise entitled to access any of the Title Plants or the Software (including during the period pending the effectiveness of a termination under Section 8.02), PI agrees to pay to APTIC a royalty (the "Royalty"), equal to the amounts calculated in accordance with the tiered rate formula set forth on EXHIBIT A, and subject to adjustment as described on EXHIBIT A.
Calculation of the Royalty. The Royalty shall be equal to five percent (5%) of "Net Revenue" of Buyer commencing on and after the first anniversary of the Closing Date. For purposes hereof, "Net Revenue" shall be equal to the amount of cash received and retained by Buyer from the sale, license and distribution of the computer programs known and/or marketed as "COPERNICUS" software (the "COPERNICUS Programs"), less the sum of (i) any applicable credits, discounts and rebates, including, but not limited to, quantity, dealer, distributor and promotional credits, discounts, adjustments and rebates, and (ii) taxes (such as sales, use or similar taxes) paid or payable by Buyer in connection with such sale or license. If Buyer refunds or issues a credit memo on a customer's price due to customer dissatisfaction or other valid reason, this negative price shall result in a reduction in Net Revenue and therefore a reduction of the Royalty due to Seller. If any COPERNICUS Program is included by Buyer in a program or combination of programs, the aggregate functionality of which extends beyond such COPERNICUS Program, and which additional functionality is either (l) distinct from the collective functionality of the COPERNICUS Program, and/or (2) separately available from Buyer and/or any person other than Buyer (without royalty payable hereunder), then the Net Revenue attributable to the sale, license or distribution of such product shall be proportionately allocated among all significant components of such combination product. From and after the Closing Date, Buyer agrees not to materially alter its pricing policies with respect to the sale, license or distribution of the COPERNICUS Programs for purposes of reducing or otherwise negating its obligation to pay the Royalty to Seller (for example, by increasing its charges for maintenance fees or consulting services at the expense of license fees so as to reduce the Net Revenue calculation).
