Deductibility. To the extent that either or both the Annual Advances and Milestone Advances cannot be deducted from earned Royalties because of an insufficiency of Net Sales of Licensed Products, the non-deducted amounts of such advance payments shall not be refundable by Licensor.
Appears in 2 contracts
Sources: License Agreement (Cyberonics Inc), Exclusive Patent License Agreement (Cyberonics Inc)