Cross Royalties Clause Samples

Cross Royalties. In the event Schering pays the First Milestone Payment and then terminates the development of a Ribozyme Product or Non- Ribozyme Product or terminates this Agreement pursuant to Section 18.2(c) or (f), and RPI proceeds with the development and marketing of such Ribozyme or Non-Ribozyme Product, RPI shall pay Schering a royalty of [ ] with respect to Ribozyme Products or [ ] with respect to Non- Ribozyme Products on Net Sales by RPI or any RPI assignee, Sublicensee or any successor in interest of RPI of such Ribozyme or Non-Ribozyme Product that are claimed by one or more issued patents or patent applications in Developed Technology jointly or solely owned by Schering. In all circumstances, RPI shall pay all royalties due pursuant to any Third Party. Royalties will be paid on the Net Sales of each such Ribozyme or Non-Ribozyme Product for a period from the date of the first commercial sale by RPI of such Ribozyme or Non-Ribozyme Product on a country-by-country basis until the last to expire issued Live Claim in the Developed Technology which claims such Ribozyme or Non-Ribozyme Product, or in the case of a Live Claim in a pending patent application in Developed Technology until the earlier of (i) abandonment, cancellation, withdrawal or disclaiming of such Live Claim or (ii) the ten (10) year anniversary of filing such patent application or (iii) if parent of such patent application exists the ten (10) year anniversary of the filing of the earliest such patent application; provided however, if such pending Live Claim should subsequently issue, RPI's royalty obligation shall revive, and RPI shall pay Schering a royalty pursuant to this Section 9.6 ("RPI Royalty Term").