Maintaining Exclusivity Sample Clauses

Maintaining Exclusivity. The Rights herein will remain in force based upon Licensee maintaining minimum royalty payments calculated on a quarterly basis. Licensee has the right to maintain the License by payment at the end of each quarter of the corresponding minimum royalty. Minimum royalty payments required to maintain the exclusive license are: 0xx Xxxxxxx 0xx Xxxxxxx 0xx Xxxxxxx 0xx Quarter Year 1: $ 0 $ 0 $ 0 $ 0 Year 2: $ 5,000 $ 5,000 $ 5,000 $ 5,000 Year 3: $ 10,000 $ 10,000 $ 10,000 $ 10,000 Year 4: $ 20,000 $ 20,000 $ 20,000 $ 20,000 Year 5 and thereafter: $ 40,000 $ 40,000 $ 40,000 $ 40,000 For the purposes hereof, "Year 1" will be deemed to commence 90 days after the later of the date of signing of this agreement and the date of approval of the agreement by Regulatory Authorities. Production royalties shall not commence until after Licensee has commissioned and successfully operated a pilot plant (as designed by Licensor) that uses the invention to produce saleable grade products and upon completion of a positive feasibility study and marketing plan to confirm that the invented manufacturing process can be proven to operate continuously and where operating costs are demonstrated to make economic products. Licensee shall spend up to $1.2 million dollars to make the pilot plant operational and complete feasibility and marketing studies. Licensee agrees to use all reasonable efforts to begin design and construction of the pilot plant within four months of the signing of this agreement and approval by Regulatory Authorities. Where royalty payments in excess of the minimum are paid in any quarter, the excess amount so paid may be carried forward and applied toward the minimum payment required in any subsequent quarter. If Licensee fails to pay the minimum amount required on any minimum royalty payment due date, Licensor, may provide written notice of default to Licensee, and if such default is not cured by the required payment within 30 days of receipt of such notice this agreement may be terminated by Licensor.

Maintaining Exclusivity. At any time during the Exclusivity Period, if the Company or its Wholly-Owned Subsidiary breaches or otherwise violates any of Section 9.13(a), 9.13(b), or 9.13(c)(iii) of the Investor Rights Agreement of even date herewith by and among the Company and certain of its members set forth therein, then TiVoII (or TiVo on its behalf) may at any time thereafter, in its sole discretion, effective as of the date of written notice from TiVoII (or TiVo on its behalf) to the Company, terminate the Exclusivity Period hereunder.

Maintaining Exclusivity. 10.01(i) Annual Minimum Performance in the Territory. In order to maintain the exclusive rights in the Territory, the Licensee shall sell in the Territory the following annual minimum number of Units during the Tenn of this Agreement: Commercial Units Non-Commercial Units 2000 -no minimum Units no minimum Units 2001 -1,000 Units 1,000 Units 2002 -2,500 Units 2,500 Units 2003 -5,000 Units 7,500 Units 2004 and thereafter in each year -7,500 Units 10,000 Units Provided that if the Licensee does not meet the minimum performance levels required for any year, it may preserve the exclusive nature of this Licence by paying on or before December 31st, in each year, the percentage royalty otherwise payable on the Units not sold. For the purpose of this required minimum exclusivity amount only, the percentage royalty payable by the Licensee shall be calculated at the applicable percentage rate set out in Section 3.01(b) and Gross Sales shall be computed on the basis that each Unit not sold, had a deemed net invoice price (including allowable deductions) equal to $2,500.00 (U.S.) for the Commercial Unit and $500.00 (U.S.) for the Non-Commercial Unit.