Payments on Sublicensee Revenues. All Net Sales or use of Products by Sublicensees shall be treated as if Net Sales of Licensee for the calculation of running royalties.
Payments on Sublicensee Revenues. Licensee shall pay University the percentage set forth on Schedule 2 of all non-royalty payments or other non-royalty consideration received by Licensee from Sublicensees for the sublicensing of Patent Rights, whether such payments or other consideration are denominated as fees or otherwise. Notwithstanding the foregoing, Licensee shall not be required to make any payment under this Section 3.3 with respect to (i) Research and Development revenues, (ii) any payments that result from a Sublicensee’s Net Sales or (iii) consideration received by Licensee that constitutes Fair Market Value for (A) Licensee’s equity, (B) Product or Product component supply or (C) any other item, right or service of value provided by the Licensee (other than sublicensing of the Patent Rights).
Payments on Sublicensee Revenues. Licensee shall pay University the percentage set forth on Schedule 2 of all payments or other consideration received by Licensee from Sublicensees pursuant to Sublicenses, whether such payments or other consideration result from Sublicensee’s Net Sales or are denominated as fees or otherwise.
Payments on Sublicensee Revenues. Licensee will pay to University the following payments: (i) for sales of Products and/or Services by third party Sublicensees, an amount of revenue equal to the amount University would have received from Licensee if Licensee had sold such Product or Service according to Article 3.2 above; and (ii) of all payments received by Licensee from Sublicensee that are not encompassed by (i) above, regardless of whether payments result from Sublicensee’s Net Sales, or are denominated as fees or otherwise. Licensee shall also have the option, at its discretion, to have the amount paid for sales by Sublicensees under this Article made directly to University by said Sublicensees. For purposes of clarity, payments made to University under this Article shall be the sole payment due University for sales by third party Sublicensees, and no additional royalty payment under Article 3.2 shall be due for any such sale.
