Common use of Minimum Royalties Clause in Contracts

Minimum Royalties. (i) During the Term, Licensee shall pay to Licensor a minimum royalty consisting of an advance payment to be applied against a minimum guarantee for the Term. The amounts of the advance and minimum guarantee and the payment dates for such amounts are specified in Schedule F. No part of any such minimum royalty for the Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Term's minimum royalty shall not be credited toward the next succeeding term's minimum royalty. (ii) The royalties due from Licensee to Licensor pursuant to Paragraph 4 (a) with respect to sales made of Licensed Products during the Term shall be applied first against any advance payment made to Licensor for the Term. After such advance payment has been recouped for the Term, all royalties due with respect to sales made of Licensed Products during the Term that are in excess of the advance payment made to Licensor for the Term shall be paid by Licensee to Licensor in accordance with this Paragraph 4. If as of the date the minimum guarantee is due for the Term, the total of the advance payments and royalty payments made to Licensor with respect to sales made of the Licensed Products during the Term is less than the minimum guarantee for the Term, Licensee shall pay to Licensor on the expiration of the Term the difference between the minimum guarantee less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Term. Licensee shall also pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Term and the sell off period to the extent that such royalty payments exceed the difference between the minimum guarantee for the Term less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Term. (iii) During any renewal term (“Renewal Term”), Licensee shall also pay Licensor a minimum royalty consisting of an advance payment to be applied against a minimum guarantee for the Renewal Term. The amounts of the Renewal Term advance and minimum guarantee and the payment dates for such amounts are specified in Schedule F. No part of any such minimum guarantee for the Renewal Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Renewal Term=s minimum royalty shall not be credited toward the prior Term or the next succeeding, if any, Renewal Term=s minimum royalty. (iv) The royalties due from Licensee to Licensor pursuant to Paragraph 4 (a) for sales made of Licensed Products during the Renewal Term shall be applied first against any advance payment made to Licensor for the Renewal Term. After such advance payment has been recouped for the Renewal Term, all royalties due with respect to sales made of Licensed Products during the Renewal Term that are in excess of the advance payment made to Licensor for the Renewal Term shall be paid by Licensee to Licensor in accordance with this Paragraph 4. If as of the date the minimum guarantee is due for the Renewal Term, the total of the advance payments and royalty payments made to Licensor with respect to sales made of the Licensed Products during the Renewal Term is less than the minimum guarantee for the Renewal Term, Licensee shall pay to Licensor on the expiration of the Renewal Term the difference between the minimum guarantee less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Renewal Term. Licensee shall also pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Renewal Term and the sell off period to the extent that such royalty payments exceed the difference between the minimum guarantee for the Renewal Term less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Renewal Term.

Minimum Royalties. (i) During the Term, Licensee shall pay to Licensor a minimum royalty consisting of an advance payment to be applied against a minimum guarantee for the Term. The amounts of the advance and minimum guarantee and the payment dates for such amounts are specified in Schedule F. No part of any such minimum royalty for the Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Term's minimum royalty shall not be credited toward the next succeeding term's minimum royalty. (ii) The royalties due from Licensee to Licensor pursuant to Paragraph 4 (a) with respect to sales made of Licensed Products during the Term shall be applied first against any advance payment made to Licensor for the Term. After such advance payment has been recouped for the Term, all royalties due with respect to sales made of Licensed Products during the Term that are in excess of the advance payment made to Licensor for the Term shall be paid by Licensee to Licensor in accordance with this Paragraph 4. If as of the date the a minimum guarantee installment payment is due for the Termdue, the total of the advance payments payment and royalty payments made to Licensor with respect to sales made of the Licensed Products prior to the due date during the Term for such installment payment is less than the total minimum guarantee owed as of such installment due date. Licensee shall, for the Termavoidance of doubt, Licensee shall also pay to Licensor on the expiration of the Term the difference between the minimum guarantee less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Term. Licensee shall also pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Term and the sell off period to the extent that such royalty payments exceed the difference between the minimum guarantee for the Term less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Term. (iii) During any renewal term (“Renewal Term”), Licensee shall also pay Licensor a minimum royalty consisting of an advance payment to be applied against a minimum guarantee for the Renewal Term. The amounts of the Renewal Term advance and minimum guarantee and the payment dates for such amounts are specified in Schedule F. No part of any such minimum guarantee for the Renewal Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Renewal Term=s ’s minimum royalty shall not be credited toward the prior Term term or the next succeeding, if any, Renewal Term=s ’s minimum royalty. (iv) The royalties due from Licensee to Licensor pursuant to Paragraph 4 (a) for sales made of Licensed Products during the Renewal Term shall be applied first against any advance payment made to Licensor for the Renewal Term. After such advance payment has been recouped for the Renewal Term, all royalties due with respect to sales made of Licensed Products during the Renewal Term that are in excess of the advance payment made to Licensor for the Renewal Term shall be paid by Licensee to Licensor in accordance with this Paragraph 4. If as of the date during the Renewal Term a minimum guarantee installment payment is due for the Renewal Termdue, the total of the advance payments payment and royalty payments made to Licensor with respect to sales made of the Licensed Products prior to the due date for such installment payment during the Renewal Term is less than the total minimum guarantee owed as of such installment due date for the Renewal Term, Licensee shall pay to Licensor on the expiration of the Renewal Term such installment due date the difference between the total minimum guarantee owed as of such installment due date less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Renewal TermTerm prior to such installment due date. Licensee shall also pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Renewal Term and the sell off period to the extent that such royalty payments exceed the difference between the minimum guarantee for the Renewal Term less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Renewal Term.

Minimum Royalties. The Parties agree and acknowledge that ASSIGNEE's Assumed Obligations shall include the responsibility for the payment of minimum royalties and advance royalties with respect to the Property in accordance with the following: (a) During such time as a Lease or Leases are producing from depths assigned to ASSIGNEE, and depths retained by ASSIGNOR are not producing: (i) During in the Termevent that ASSIGNOR receives an invoice for minimum royalties or advance royalties from the Lessor pursuant to the applicable Lease, Licensee ASSIGNOR will pay such minimum royalties or advance royalties to the applicable Lessor in accordance with the applicable Lease and thereafter invoice ASSIGNEE for such amount. ASSIGNEE shall pay to Licensor a minimum royalty consisting of an advance make payment to be applied against a minimum guarantee for the Term. The amounts ASSIGNOR within thirty (30) Days following receipt of the advance and minimum guarantee and the payment dates for such amounts are specified in Schedule F. No part of any such minimum royalty for the Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Term's minimum royalty shall not be credited toward the next succeeding term's minimum royaltyinvoice. (ii) The in the event that ASSIGNEE receives an invoice for minimum royalties due or advance royalties from Licensee to Licensor the Lessor pursuant to Paragraph 4 (a) with respect the applicable Lease, ASSIGNEE will pay such minimum royalties or advance royalties to sales made of Licensed Products during the Term shall be applied first against any advance payment made to Licensor for the Term. After such advance payment has been recouped for the Term, all royalties due with respect to sales made of Licensed Products during the Term that are in excess of the advance payment made to Licensor for the Term shall be paid by Licensee to Licensor applicable Lessor in accordance with this Paragraph 4. If as of the date the minimum guarantee is due for the Term, the total of the advance payments and royalty payments made to Licensor with respect to sales made of the Licensed Products during the Term is less than the minimum guarantee for the Term, Licensee shall pay to Licensor on the expiration of the Term the difference between the minimum guarantee less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Term. Licensee shall also pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Term and the sell off period to the extent that such royalty payments exceed the difference between the minimum guarantee for the Term less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Termapplicable Lease. (iiib) During any renewal term such time as a Lease or Leases are producing from both the depths assigned to ASSIGNEE and the depths retained by ASSIGNOR, ASSIGNOR and ASSIGNEE will each bear fifty percent (“Renewal Term”)50%) of such royalties, Licensee and: (i) in the event that ASSIGNOR receives an invoice for minimum royalties or advance royalties from the Lessor pursuant to the applicable Lease, ASSIGNOR will pay such minimum royalties or advance royalties and thereafter invoice ASSIGNEE for its fifty percent (50%) proportionate share thereof. ASSIGNEE shall also pay Licensor a minimum royalty consisting of an advance make payment to be applied against a minimum guarantee for the Renewal Term. The amounts ASSIGNOR within thirty (30) Days following receipt of the Renewal Term advance and minimum guarantee and the payment dates for such amounts are specified in Schedule F. No part of any such minimum guarantee for the Renewal Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Renewal Term=s minimum royalty shall not be credited toward the prior Term or the next succeeding, if any, Renewal Term=s minimum royaltyinvoice. (ivii) The in the event that ASSIGNEE receives an invoice for minimum royalties due or advance royalties from Licensee to Licensor the Lessor pursuant to Paragraph 4 the applicable Lease, ASSIGNEE will pay such minimum royalties or advance royalties and thereafter invoice ASSIGNOR for its fifty percent (a50%) proportionate share thereof. ASSIGNOR shall make payment to ASSIGNEE within thirty (30) Days following receipt of such invoice. (c) During such time as a Lease or Leases are producing from only the depths retained by ASSIGNOR; (i) in the event that ASSIGNOR receives an invoice for sales made of Licensed Products during minimum royalties or advance royalties from the Renewal Term Lessor pursuant to the applicable Lease, ASSIGNOR shall be applied first against any fully responsible for and pay such minimum royalties or advance payment made royalties to Licensor for the Renewal Term. After such advance payment has been recouped for the Renewal Term, all royalties due with respect to sales made of Licensed Products during the Renewal Term that are in excess of the advance payment made to Licensor for the Renewal Term shall be paid by Licensee to Licensor applicable Lessor in accordance with this Paragraph 4. If as the terms of the date applicable Lease; and (ii) in the event that ASSIGNEE receives an invoice for minimum guarantee is due for royalties or advance royalties from the Renewal Term, the total of the advance payments and royalty payments made to Licensor with respect to sales made of the Licensed Products during the Renewal Term is less than the minimum guarantee for the Renewal Term, Licensee shall pay to Licensor on the expiration of the Renewal Term the difference between the minimum guarantee less all prior advance payments and royalty payments made by Licensee to Licensor with respect Lessor pursuant to the Renewal Term. Licensee applicable Lease, ASSIGNEE will promptly upon receipt forward such invoice to ASSIGNOR, and ASSIGNOR shall also be fully responsible for and pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Renewal Term and the sell off period such minimum royalties or advance royalties to the extent that such royalty payments exceed applicable Lessor in accordance with the difference between the minimum guarantee for the Renewal Term less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Renewal Termapplicable Lease.

Minimum Royalties. (i) During Moreover, commencing with the TermFirst Commercial Launch of a Licensed Product, Licensee RDG shall pay to Licensor a minimum royalty consisting of an advance payment to be applied against a minimum guarantee for CBMX in quarterly installments beginning with the Term. The amounts beginning of the advance and first full calendar quarter following the First Commercial Launch of a Licensed Product, minimum guarantee and royalties in the payment dates for such amounts are specified in Schedule F. No part following amount throughout a period of * Years ("Minimum Period"): Year 1: $ * ($ * per calendar quarter) Year 2: $ * ($* per calendar quarter) Year 3: $ * ($* per calendar quarter) Such minimum royalties shall be fully creditable against any such minimum royalty for the Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Term's minimum royalty shall not be credited toward the next succeeding term's minimum royalty. (ii) The royalties due from Licensee to Licensor pursuant to Paragraph 4 (a) with respect to sales made of Licensed Products Running Royalties during the Term shall be applied first against any advance payment made entire period of Year 1 - Year 3, in the sense that no Running Royalties and no Sublicensing Income share under Section 4.1 and Section 4.3 is payable to Licensor for the Term. After such advance payment has been recouped for the Term, all royalties due with respect to sales made of Licensed Products during the Term that are in excess of the advance payment made to Licensor for the Term shall be paid by Licensee to Licensor in accordance with this Paragraph 4. If as of the date the minimum guarantee is due for the Term, the total of the advance payments CBMX per calendar quarter unless and royalty payments made to Licensor with respect to sales made of the Licensed Products during the Term is less than the minimum guarantee for the Term, Licensee shall pay to Licensor on the expiration of the Term the difference between the minimum guarantee less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Term. Licensee shall also pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Term and the sell off period only to the extent that such royalty payments exceed the difference between the minimum guarantee for the Term less all prior advance payments and royalty payments made by Licensee to Licensor with respect to the Term. (iii) During any renewal term (“Renewal Term”), Licensee shall also pay Licensor a minimum royalty consisting amount of an advance payment to be applied against a minimum guarantee for the Renewal Term. The amounts of the Renewal Term advance and minimum guarantee and the payment dates for such amounts are specified in Schedule F. No part of any such minimum guarantee for the Renewal Term shall in any event be repayable to Licensee. Any royalty payments received by Licensor which exceed the Renewal Term=s minimum royalty shall not be credited toward the prior Term or the next succeeding, if any, Renewal Term=s minimum royalty. (iv) The royalties Running Royalties due from Licensee to Licensor pursuant to Paragraph 4 (a) for sales made based on Net Sales of Licensed Products and Sublicensing Income share under Section 4.3 during any calendar quarter reporting period exceeds *. At the end of the Minimum Period any excess or shortfall of minimum royalties versus Running Royalties and Sublicensing Income Share shall be compensated making sure that during the Renewal Term entire Minimum Period, RDG shall be applied first against any advance payment made not have paid to Licensor for the Renewal Term. After such advance payment has been recouped for the Renewal Term, all royalties due with respect to sales made of Licensed Products during the Renewal Term that are in excess of the advance payment made to Licensor for the Renewal Term shall be paid by Licensee to Licensor in accordance with this Paragraph 4. If as of the date the minimum guarantee is due for the Renewal Term, the total of the advance payments and royalty payments made to Licensor with respect to sales made of the Licensed Products during the Renewal Term is less CBMX more (but also not less) than the minimum guarantee for the Renewal Term, Licensee shall pay to Licensor on the expiration of the Renewal Term the difference between the minimum guarantee less all prior advance payments royalties unless and royalty payments made by Licensee to Licensor with respect to the Renewal Term. Licensee shall also pay to Licensor when due any royalty payments due with respect to sales of Licensed Products made during the last quarter of the Renewal Term and the sell off period only to the extent that such royalty payments Running Royalties and Sublicensing Income Share accrued during the entire Minimum Period exceed the difference total amount of minimum royalties ($*) plus the total amount of the creditable portion of * ($*) under Section 4.4. If the total amount of Running Royalties and Sublicensing Income Share accrued during the Minimum Period does not reach or exceed $*, only the creditable portion of the Manufacturing Transfer payments in the amount of $* shall after the Minimum Period be creditable against Running Royalties and Sublicensing Income Share. If such total amount accrued is between $* and $*, the minimum guarantee for remaining amount of the Renewal Term less all prior advance payments creditable portion of the Manufacturing Transfer Payments shall also be creditable against Running Royalties and royalty payments made by Licensee to Licensor Sublicensing Income share after the Minimum Period. License Agreement Combimatrix September 25th 2002 * Confidential materials omitted and filed separately with respect to the Renewal TermSecurities and Exchange Commission. Asterisks denote commissions.