Common use of Compulsory Licenses Clause in Contracts

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a), then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Compound or Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license Compulsory License is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.5.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.5.1 shall be reduced [***]] for the period during which such Compulsory License is in effect. Merck shall use commercially reasonable efforts to oppose the granting of any such Compulsory License, and if any such Compulsory License is granted, to eliminate or limit such Compulsory License to the extent possible.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license required under applicable law is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.13, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.13 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party third party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1., then the royalty rate to be paid by Merck MERCK on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Licensed Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1., then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory Third Party licensee.

Compulsory Licenses. If a court To the extent that Merck is required by the laws or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license to a Third Party with respect to Product regulations in any country in the Territory to grant a license under the Valid Patent Claims to a Third Party to make and sell Product in such country in the Territory, and to the extent that such laws and regulations require Merck to grant such license with a royalty rate that is lower than the royalty rate provided by this Section 8.5(a)6.7 above, then the royalty rate to be paid by Merck under this Section 6.7 on such Sublicensee’s Net Sales from sales of such Product under such license in that country under Section 8.5(a) shall be reduced [***]to the rate paid by the compulsory Sublicensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to a Collaboration Candidate or Licensed Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)7.5.1, then the royalty rate to be paid by Merck to Company on Net Sales in that country under Section 8.5(a) 7.5.1 shall be reduced to [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck MERCK on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.3.2 or 5.3.3, as applicable, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.3.2 or 5.3.3, as applicable, shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a an independent Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product Candidate or Licensed Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.3.1, then the royalty rate amount to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.3.1 shall be reduced [***]to the amount paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license Compulsory License is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4 shall be reduced [***]] for the period during which such Compulsory License is in effect. Merck shall use commercially reasonable efforts to oppose the granting of any such Compulsory License, and if any such Compulsory License is granted, to eliminate or limit such Compulsory License to the extent possible.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to any Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.11, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.11 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party third party with respect to a Royalty Bearing Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1., then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory Third Party licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license required pursuant to applicable law or regulation in a country is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product [**] in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.5, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.5 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court MERCK or a governmental agency Related Party, as a condition of competent jurisdiction requires Merck obtaining or its Sublicensee maintaining Marketing Authorization in a country, is required to grant a compulsory license to a Third Party with respect to Product in any country in the Territory with a Territory, and the royalty rate under such compulsory license is lower than the royalty rate provided by Section 8.5(a)5.6.1, then the royalty rate to be paid by Merck MERCK on Net Sales under the applicable compulsory license in that country under Section 8.5(a) 5.6.1 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product Compounds or Products in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.4.1, then the royalty rate amount to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.4.1 shall be reduced [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Royalty Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)9.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 9.4.1 shall be reduced [***[ * ].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)subsection 5.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) subsection 5.4.1 shall be reduced to [***].

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to any Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)5.7, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 5.7 shall be reduced [***]to the rate paid by the compulsory licensee.

Compulsory Licenses. If a court or a governmental agency of competent jurisdiction requires Merck or its Sublicensee to grant a compulsory license is granted to a Third Party with respect to Compound or Product in any country in the Territory with a royalty rate lower than the royalty rate provided by Section 8.5(a)7.4.1, then the royalty rate to be paid by Merck on Net Sales in that country under Section 8.5(a) 7.4.1 shall be reduced [***]to the rate paid by the compulsory licensee.