Payments and Royalties Sample Clauses

Payments and Royalties. 3.1 As an initial non-refundable payment for the licenses and rights herein granted to SHENZHEN HIGH POWER under this Agreement, SHENZHEN HIGH POWER shall pay to OBC the up-front fees, without subtraction or deduction of Chinese withholding taxes, if any, pursuant to the schedule set forth in Appendix II attached hereto. 3.2 In addition to the lump sum payment under Article 3.1 above, SHENZHEN HIGH POWER shall pay to OBC non-refundable running royalties, also pursuant to the schedule set forth in Appendix II hereto, of the Net Selling Price of the Licensed Consumer Hydride Batteries sold or Otherwise Disposed Of by SHENZHEN HIGH POWER and its Affiliates (either directly or through sales representatives or agents) in any country of the world during the period commencing on the Effective Date of this Agreement and ending upon the expiration of the last to expire of the Licensed Patents. 3.3 Notwithstanding that a Licensed Consumer Hydride Battery may be covered by (i) the claims of one or more of the Licensed Patents or (ii) the claims of one or more of the Licensed Patents in one or more countries throughout the world, SHENZHEN HIGH POWER, in connection with the manufacture or sale of the Licensed Consumer Hydride Batteries by SHENZHEN HIGH POWER, its successors or assigns shall be obliged to pay a single royalty hereunder and only on the first sale of such Licensed Consumer Hydride Batteries and not on any subsequent sale or resale thereof and all end-users, distributors, customers, dealers, or suppliers of SHENZHEN HIGH POWER, its successors or assigns of such Licensed Consumer Hydride Batteries shall be licensed to use and/or sell the same. 3.4 All statements submitted and all payments made pursuant to Article 3.1 and Article 3.2 herein shall be stated and made in U.S. legal tender at the selling rate of authorized foreign exchange bankers in various individual countries under the license for transfers to New York in U.S. dollars on the date on which payments are made as required hereunder.

Payments and Royalties. 4.1 In consideration for the rights and licenses granted by Zentaris to Spectrum under this Agreement, Spectrum shall pay to Zentaris the lump sum amount of EURO One Million ((euro)1,000,000) in cash payable on the Effective Date and [Intentionally Redacted] in common stock of Spectrum (the "Initial Shares") as soon as reasonably practicable after the Effective Date, but no later than 5 business days thereafter. The number of shares of common stock of Spectrum that shall constitute the Initial Shares shall be determined by (i) converting [Intentionally Redacted] to U.S. dollars at the exchange rate [Intentionally Redacted] as published in the Wall Street Journal [Intentionally Redacted], and then (ii) dividing the resulting dollar amount by [Intentionally Redacted] of Spectrum's common stock, as traded on the NASDAQ, [Intentionally Redacted], as set forth in the Wall Street Journal [Intentionally Redacted]. The Initial Shares shall be issued to Zentaris on the Effective Date, but shall be held by Zentaris and may not be assigned, transferred, sold or otherwise disposed of by Zentaris (with the exception only of an assignment or transfer to an Affiliate of Zentaris, provided that such Affiliate agrees to be bound by the restrictions on transfer of such Initial Shares set forth or referred to in Sections 4.1 and 13 of this Agreement) until December 31, 2005. The Initial Shares shall be subject to the restrictions on resale set forth or referred to in Sections 4.1 and 13 of this Agreement. To Spectrum's present knowledge, except for the restrictions on resale set forth or referred to in Sections 4.1 and 13 of this Agreement, the Shares shall be free of restrictions on transfer after December 31, 2005. 4.2 In addition to the lump sum payment specified in Section 4.1 hereof and as further consideration for the rights and licenses granted by Zentaris to Spectrum under this Agreement, Spectrum shall make the following milestone payments to Zentaris, up to a maximum of [Intentionally Redacted]: (i) upon completion of the first Phase II study conducted by or on behalf of Spectrum, its Affiliates or Sublicensees [Intentionally Redacted] [Intentionally Redacted]; (ii) upon initiation of the first Phase III study conducted by or on behalf of Spectrum, its Affiliates or sublicensees and after the first patient in the Phase III trial has been dosed [Intentionally Redacted]; (iii) after [Intentionally Redacted] of the patients in the Phase III trial have been dosed [Inte...

Payments and Royalties. Payments

Payments and Royalties. 6.1 RIGEL shall upon the Effective Date: (a) pay to STANFORD a noncreditable, nonrefundable license issue royalty of __________; and (b) issue to STANFORD ___________________ Stock pursuant to a stock purchase agreement to be separately executed by the parties. 6.2 Subject to Section 6.6, RIGEL also agrees to pay the following minimum annual royalties to STANFORD within thirty (30) days after the occurrence of each date below: Anniversary of Effective Date Minimum Annual Royalty Due ----------------------------- -------------------------- First and Second _________ Third through Fifth _________ Sixth and Thereafter _________ These minimum annual royalty payments are nonrefundable, but they are creditable against earned royalties due to Stanford pursuant to Section 6.4. In addition, the minimum annual royalties set forth in this Section 6.2 shall be reduced by fifty percent (50%) if STANFORD abandons all patent applications from which Licensed Patents could issue prior to the time that any Licensed Patents issue. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. 6.3 RIGEL also agrees to pay to STANFORD upon the occurrence of the following events, the following amounts: Event Milestones ----- ---------- Earlier of the execution of the first sublicense ____________ by Rigel under the Licensed Technology or 18 months after the Effective Date Earlier of the execution of the second sublicense ____________ by Rigel under the Licensed Technology or 48 months after the Effective Date Earlier of the execution of the third sublicense ____________ by Rigel under the Licensed Technology or 78 months after the Effective Date Execution of any additional sublicenses by Rigel ____________ after payment of all of the foregoing milestones 6.4 RIGEL shall pay to STANFORD earned royalties of ___________ of Net Sales during the Exclusivity Term. Should total earned royalties due on Licensed Products to STANFORD under this Agreement and any other agreement between STANFORD and RIGEL (the "Other Agreements") equal or exceed __________ of Net Sales, STANFORD shall, upon request by RIGEL, meet with RIGEL to discuss an appropriate mechanism, if RIGEL's royalty obligations under this Agreement and the Other Agreements render further development and commercialization of License Products uneconomic. The ...

Payments and Royalties. 6.1 Company agrees to pay to MSU a non-refundable initial fee of One Thousand United States Dollars ($1,000.00) upon the execution of this License Agreement. (a) Company shall pay to MSU a running royalty of Two and One Half percent (2.5%) of Adjusted Gross Sales. Where a Product or Process is not sold, but is otherwise disposed of, Adjusted Gross Sales for the purpose of computing royalties shall be the Adjusted Gross Sales price at which products or processes of similar kind and quality, sold in similar quantities, are currently being offered for sale by Company. Where such products and processes are not currently being separately offered for sale by Company, Adjusted Gross Sales shall be Company's cost of manufacture, determined by Company's customary accounting procedures, increased by 100 %. (b) Company shall pay to MSU a running royalty of Two and One Half percent (2.5%) of sublicensee’s Adjusted Gross Sales. 6.3 Beginning in calendar year 2010, Company agrees to pay MSU an annual minimum payment as shown in the table below. Should the actual running royalties paid under Paragraph 6.2 fall short of this minimum amount, Company shall pay MSU the difference when the royalty payment for the last calendar quarter of such calendar year is due in accordance with Paragraph 6.4. Year Minimum Payment 2010-2014 $10,000.00 2015-termination $20,000.00 6.4 Company shall deliver to MSU within thirty (30) days after achieving developmental steps one through four of Article 3.3 the milestone payments as shown in the table below. Development Step Milestone Payment 1 $1,000.00 2 $2,000.00 3 $2,000.00 4 $10,000.00 6.5 Company shall deliver to MSU within thirty (30) days after the end of each calendar quarter: (a) A written report showing all figures necessary to compute Adjusted Gross Sales and Company’s computation of all remuneration to MSU due under this Agreement for such calendar quarter, accompanied by a check in full payment of the remuneration due. Adjusted Gross Sales shall be segmented in each such report on a country-by-country basis, including the rates of exchange used for conversion to USA Dollars from the currency in which such sales were made. (b) For any Adjusted Gross Sales which are made in a currency other than U.S. dollars, the amount of such sales shall be converted to U.S. Dollars using the currency exchange rates set forth in The Wall Street Journal on the last day of the calendar quarter. (c) All payments due shall be made in U.S. dollars witho...

Payments and Royalties. Section 1. In consideration for the exclusive license granted herein, GUIDANT shall: A. Pay to XXXXXXXX during the term of this Exclusive License Agreement as follows: (i) three percent (3%) of the Net Sales, Rental or Lease received by GUIDANT for Implantable Defibrillators, their parts and components sold by GUIDANT. (ii) three percent (3%) of the Net Sales, Rental or Lease received by GUIDANT for lead devices even though not covered under patent rights if the lead devices are sold by GUIDANT with an Implantable Defibrillator. (iii) four percent (4%) of the Net Sales, Rental or Lease received by GUIDANT for any other device sold by GUIDANT with an Implantable Defibrillator, and for use with the Implantable Defibrillator during the implant procedure, even though not covered under Patent Rights, including, without limitation, Rapido dual catheters but excluding devices subject to Article III, Section 1, Subparagraph A(ii). B. Pay to XXXXXXXX during the term of this Exclusive License Agreement an annual minimum royalty of $10,000. Section 2. Payments and Royalties under Article III, Section 1, Subparagraph A(i), shall be payable only on devices which are covered, in the country of manufacture, use, sale, rental or lease, by one or more valid claims of a patent application or an unexpired patent included in the Patent Rights. Section 3. All royalty payments due XXXXXXXX by GUIDANT under Article III, Section 1, Subparagraph A, shall become due thirty (30) days following the end of each fiscal quarter of GUIDANT for all sales, rental or lease during such fiscal quarter. Section 4. All minimum royalty payments due XXXXXXXX by GUIDANT under Article III, Section 1, Subparagraph B, shall be paid in equal quarterly installments and shall become due thirty (30) days following the end of each fiscal quarter of GUIDANT. Section 5. GUIDANT shall have the right to credit minimum royalty payments under Article III, Xxxxxxx 0, Xxxxxxxxxxxx X against royalties payable under Article III, Section 1, Subparagraph A, and GUIDANT shall have the right to credit payments made under Article III, Section 1, Subparagraph A against minimum royalty payments regardless of the year in which such payments are made. Section 6. All sums payable by GUIDANT to XXXXXXXX under the terms of this Exclusive License Agreement shall be payable to XXXXXXXX in United States dollars without deduction for any taxes or any other charges.

Payments and Royalties. 16 9.1 Research Reimbursement Payments to Gene Logic.................... 16 9.2 Technology Access Payment to P&GP................................ 17 9.3

Payments and Royalties. 3.01. In consideration for the license under PATENTS and KNOW-HOW granted to SB in this AGREEMENT and subject to the provisions of this Agreement including but not limited to Paragraph 3.11, SB shall make the following milestone payments to ADOLOR, in the specified incremental amounts, within thirty (30) days after the occurrence of the following milestones: (a) EFFECTIVE DATE $ 500,000 (b) The first to occur of First Rx INDICATION or Direct OTC INDICATION (1) $ ** (2) ** $ ** (3) ** $ ** (4) ** $ ** (5) ** $ ** (6) ** $ ** (7) ** $ ** (8) ** $ ** (c) Second Rx INDICATION (1) $ ** (2) ** $ ** (3) ** $ ** (4) ** $ ** (5) ** $ ** (d) Each of Third and Fourth Rx INDICATIONs (1) $ ** (2) ** $ ** (3) ** $ ** (4) ** $ ** (5) ** $ ** (e) Each of Fifth and Sixth Rx INDICATIONs (1) $ ** (2) ** $ ** (3) ** $ ** (4) ** $ ** (5) ** $ ** (f) $ ** (g) $ ** (h) $ ** provided that: **=Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. (1) each such payment shall be made only one time based on the first time a milestone is achieved, regardless of how many times such milestone is achieved (except as otherwise provided by Paragraphs 3.01(f), and no payment shall be owed for a milestone which is not reached. For Paragraph 3.01(h), SB shall not be required to make more than ** (**) such payments totaling $ **; (2) each such payment shall be non-refundable; (3) the term "**" shall mean the earlier to occur of (i) SB's determination after the last patient has completed his/her last visit ** that such study was successful, or (ii) SB's decision to continue development of the PRODUCT **; (4) the term "**" shall mean, with respect to the relevant INDICATION which is the subject of the study, the earlier to occur of (i) the date on which SB determines that ** was successful, or (ii) SB's decision to **. (5) the term "**" shall mean with respect to the relevant INDICATION which is the subject of the study the earlier to occur of (i) the date on which SB determines that ** was successful, or (ii) SB's decision to **. (6) the term "**" as used in this Paragraph shall mean the **. (7) the term "**" as used in this Paragraph shall mean the ** required for the filing of a New Drug Application (hereinafter "NDA") with the U.S. Food and Drug Administration (hereinafter "FDA") or the corresponding regulatory agency in other countries for PRODUCT for the relevant INDICATION...

Payments and Royalties. In consideration of the license and rights granted in this Agreement, Licensee shall pay to PROVIDER the Royalties as provided in Schedule A.