Common use of Obligation to Pay Royalties Clause in Contracts

Obligation to Pay Royalties. The obligation to pay royalties to PROGENICS under this Section 6 is imposed only once with respect to the same unit of Licensed Product regardless of the number of Licensed Patents pertaining thereto. BMS shall only be entitled to a credit against royalties or a reduction of the royalty rate once with respect to any Licensed Product in any country pursuant to any provision in this Agreement. There shall be no obligation to pay royalties to PROGENICS under this Section 6 on sales of Licensed Products among BMS, its Affiliates and Sub-sublicensees, but in such instances the obligation to pay royalties shall arise upon the sale by BMS, its Affiliates or Sub-sublicensees to Third Parties. Payments due under this Section 6 shall be deemed to accrue when Licensed Products are shipped or billed, whichever event shall first occur. In the instance where BMS, its Affiliates or Sub-sublicensees use the Licensed Product or provide it as part of some other service or product, a royalty shall be due to PROGENICS at the time such Licensed Product is used or provided based on a Net Sales amount equal to the price at which BMS or its Affiliate or Sub-sublicensee sells such Licensed Product to Third Parties in the country in which the Licensed Product was used or provided.

Obligation to Pay Royalties. The obligation to pay royalties to PROGENICS under this Section 6 4.2 is imposed only once with respect to the same unit of Licensed S-K Product regardless of the number of S-K Licensed Patents pertaining thereto. BMS shall only be entitled to a credit against royalties or a reduction of the royalty rate once with respect to any Licensed S-K Product in any country pursuant to any provision in this Agreement. There shall be no obligation to pay royalties to PROGENICS under this Section 6 4.2 on sales of Licensed S-K Products among BMS, its Affiliates and Sub-sublicensees, but in such instances the obligation to pay royalties shall arise upon the sale by BMS, its Affiliates or Sub-sublicensees to Third Parties. Payments due under this Section 6 4.2 shall be deemed to accrue when Licensed S-K Products are shipped or billed, whichever event shall first occur. In the instance where BMS, its Affiliates or Sub-sublicensees use the Licensed S-K Product or provide it as part of some other service or product, a royalty shall be due to PROGENICS at the time such Licensed S-K Product is used or provided based on a Net Sales amount equal to the price at which BMS or its Affiliate or Sub-sublicensee sells sell such Licensed S-K Product to Third Parties in the country in which the Licensed S-K Product was used or provided.

Obligation to Pay Royalties. The obligation to pay royalties to PROGENICS under this Section 6 4.4 is imposed only once with respect to the same unit of Licensed Regents' Product regardless of the number of Licensed Regents' Patents Rights pertaining thereto. BMS shall only be entitled to a credit against royalties or a reduction of the royalty rate once with respect to any Licensed Regents' Product in any country pursuant to any provision in this Agreement. There shall be no obligation to pay royalties to PROGENICS under this Section 6 4.4 on sales of Licensed Regents' Products among BMS, its Affiliates and Sub-sublicensees, but in such instances the obligation to pay royalties shall arise upon the sale by BMS, its Affiliates or Sub-sublicensees to Third Parties. Payments due under this Section 6 4.4 shall be deemed to accrue when Licensed Regents' Products are shipped or billed, whichever event shall first occur. In the instance where BMS, its Affiliates or Sub-sublicensees use the Licensed Regents' Product or provide it as part of some other service or product, a royalty shall be due to PROGENICS at the time such Licensed Regents' Product is used or provided based on a Net Sales amount equal to the price at which BMS or its Affiliate or Sub-sublicensee sells sell such Licensed Regents' Product to Third Parties in the country in which the Licensed Regents' Product was used or provided.