Earned Royalty Sample Clauses

Earned Royalty. LICENSEE will pay to REGENTS earned royalties at the rate of [Written percent] (Number%) of the NET SALES of LICENSED PRODUCTS, LICENSED SERVICES, and LICENSED METHODS. Royalties will be payable on SALEs covered by both pending patent applications and issued patents. Royalties accruing to REGENTS will be paid to REGENTS quarterly within sixty (60) days after the end of each calendar quarter.

Earned Royalty. Licensee must pay to The Regents the following royalty for the corresponding Net Sales amounts calculated annually (each an “Earned Royalty”): Up to [***] [***] Between [***] and [***] [***] Between [***] and [***] [***] Above [***] [***] For clarity, the Net Sales taken into account for royalty rate tier determination are with respect to total global amount of Net Sales. For example, if global Net Sales exceed One Hundred Million Dollars in a calendar year, Net Sales above that amount will incur a higher royalty rate, regardless of where the sale has occurred. This royalty rate shall be reduced to [***] of Net Sales with respect to Licensed Products that are Licensed Products per Section 1.6(ii), but are not Licensed Products per Section 1.6(i). Earned Royalties hereunder shall be computed on a quarterly basis for the quarters ending March 31st, June 30th, September 30th, and December 31st of each calendar year and shall be due and payable at the same time the royalty reports are due under Section 6.2 for such quarter. If Licensee (or any Sublicensee or any Affiliate, as applicable) after the Effective Date (and for clarity not with respect to any third party licenses it has executed prior to the Effective Date) is obligated to pay a non-Affiliate third party (other than The Regents) royalties on net sales (“Third Party Royalty”) in consideration for patent rights owned or controlled by such non-Affiliate third party without a license to which Licensee (or a Sublicensee, or an Affiliate as applicable) may in Licensee’s (or such Sublicensee’s or Affiliate’s, as applicable) judgment reasonably be considered to infringe or misappropriate such third party intellectual property rights in order to use or practice the Patent Rights, then Licensee will have the right, upon Licensee’s (or a Sublicensee’s, or an Affiliate’s as applicable), execution of a license with such third party for such third party intellectual property rights, to credit fifty percent (50%) of any earned royalty payment made to such third party in any given year in consideration for such third party intellectual property rights, against the Earned Royalty due The Regents under this Agreement, provided that: a) The sum of such Third Party Royalty rate and the Earned Royalty rate set forth in this Agreement is equal to or greater than [***] of Net Sales in the affected portion of the applicable Licensed Territory; b) On an ongoing basis and prior to reduction of any Earned Royalty due The Regen...

Earned Royalty. The term "Earned Royalty" shall mean the royalty payable to Licensor on Products.

Earned Royalty. In addition, Alnylam will pay Stanford earned royalties on Net Sales as follows: (A) [**]% of Net Sales for a Licensed Product subject to the following;. (B) Such royalty payments shall be reduced up to [**]% (from [**]% of Net Sales down to [**]% of Net Sales) by the amount of royalty paid to access additional intellectual property necessary in order to sell Licensed Products ("Additional Earned Royalties"). (C) Such royalty payments shall be reduced as follows: (1) [**]% if Additional Earned Royalties are [**]% or less. (2) [**]% if Additional Earned Royalties are greater than [**]% but less than [**]%. (3) [**]% if Additional Earned Royalties are equal to or greater than 3% but less than [**]%. (4) [**]% if Additional Earned Royalties are equal to or greater than [**]% but less than [**]%. (5) [**]% if Additional Earned Royalties are equal to or higher than [**]%. (D) Only one royalty is due on each Licensed Product sold by Alnylam or its sublicensees regardless of whether its manufacture, use, importation or sale are or shall be covered by more than one patent or patent application included in Licensed Patents under this Agreement, and no further royalties will be due for use of such Licensed Product by Alnylam or its sublicensee's customers.

Earned Royalty. Armstrong Coal shall pay to Cyprus Creek as an Earned Royalty (“Earned Royalty”) for each ton of Coal mined and sold from the Property five percent (5%) of Armstrong Coal’s per ton royalty basis per ton, as provided in the Duncan Lease affecting each ton of Coal mined and sold hereunder for the one-half (1/2) interest of the Lessors thereunder. Armstrong Coal’s payment of the five percent (5%) per ton royalty shall completely satisfy the Earned Royalty obligations owed for both Cyprus Creek’s #9 Owned Partial Interest Tracts being leased herein and the #9 Leased Premises being subleased herein.

Earned Royalty. Beginning on the Effective Date and continuing for the life of this Agreement, Licensee shall pay University a running royalty on Net Sales of all Licensed Products in the amounts indicated below: (i) two percent (2%) on Net Sales of Clinically-Approved Products (ii) three percent (3%) on Net Sales of Other Products (iii) five percent (5%) on Net Sales of Licensed Services Said royalties on Licensed Products shall be paid to University concurrently with the submittal of Royalty Reports as provided in Section 4.2 below.

Earned Royalty. KSA agrees to pay AH earned royalties on Net Sales by or on behalf of KSA and its sublicensees as follows: 3.1 of Net Sales as defined in the Primary Sublicense Agreement; 3.1.1 The parties agree and acknowledge that pursuant to Section 2.6.3 of the Primary Sublicense Agreement, the license granted pursuant to Article 2 of this Agreement is granted for no additional payments beyond those set forth in the Primary Sublicense Agreement and those set forth in this Appendix D, provided that KSA shall remain responsible for the payment of royalties in accordance with the Primary Sublicense Agreement such that any Net Sales, as defined herein, have been accounted for under the Primary Sublicense Agreement and applicable royalties have been paid to AH with respect to such Net Sales. In the event that such royalties are not paid under the Primary Sublicense Agreement, KSA shall pay AH a royalty based on Net Sales, as defined herein and in the Primary Sublicense Agreement, at the same rates and amounts and on the same terms and conditions as specified in Section 4 of the Primary Sublicense Agreement. In addition and because the sales of Licensed Products or practice of Licensed Processes, each as defined herein, shall include a combination of Licensed Products and/or Licensed Processes, each as defined in the Primary Sublicense Agreement, and a suitable endosome pH-raising agent, as defined by the Licensed Patent Rights (for example, chloroquine) KSA shall pay an additional one percent (I%) royalty finder this Agreement for Net Sales of Licensed Products or practice of Licensed Processes as these terms are defined in the Primary Sublicense Agreement and this Agreement, namely, mutated diphtheria immunotoxins, for the indicated Licensed Field of Use and in the Licensed Territory. Notwithstanding anything in this Section 3.1.1 of Appendix D to the contrary, consistent with Section 4.4(f) of the Primary Sublicense Agreement the additional royalty rate owed under this Agreement shall be reduced to * while the Primary Sublicense Agreement is in effect. Therefore, while the Primary Sublicense Agreement and this Agreement are in effect, KSA shall pay AH the royalty rate set forth in the Primary Sublicense Agreement on Net Sales of the Licensed Products or practice of Licensed Processes as those terms are defined under the Primary Sublicense Agreement and this Agreement, specifically, the applicable royalty rate under the Primary Sublicense Agreement and * under this Agreem...

Earned Royalty. Armstrong Coal shall pay to Cyprus Creek as an Earned Royalty (“Earned Royalty”) on each ton of Coal mined and sold from the Property five percent (5%) of Armstrong Coal’s per ton royalty basis per ton, as provided in the Rogers 1947 Mineral Lease plus the additional royalties of one percent (1%) of Armstrong Coal’s per ton royalty basis as provided for in the Additional Earned Royalty Agreement affecting the Coal mined and sold hereunder.

Earned Royalty. In consideration of its license to the Know-How under this Agreement, Synergy shall pay to Hand a royalty of 5% of the Net Sales Price of each Licensed Product sold, transferred or otherwise disposed of by or for Synergy in the Territory during Term pursuant to Section 2.1, not including Sublicensing Royalty (“Earned Royalty”), and 5% of all amounts received by Synergy from any sublicenses granted pursuant to Section 2.2 (“Sublicensing Royalty; the Earned Royalty and Sublicensing Royalty shall be collectively the “Royalties”).