Common use of Percentage Royalty Clause in Contracts

Percentage Royalty. As additional consideration for the exclusive license granted pursuant to Section 2.1 hereof, Licensee shall pay to Scripps a continuing royalty on a country-by-country basis in the amount of (i) [***] of Net Sales of therapeutic Licensed Products which cannot be made, used or sold in such country without utilizing one or more valid claims under Scripps Patent Rights, (ii) [***] of Net Sales of diagnostic Licensed Products which cannot be made, used or sold in such country without utilizing one or more valid claims under Scripps Patent Rights, and (iii) [***] of Net Sales of all other Licensed Products.

Appears in 2 contracts

Samples: License Agreement (Cancervax Corp), License Agreement (Cancervax Corp)

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Percentage Royalty. As additional consideration for the exclusive license granted pursuant to Section 2.1 hereof, Licensee shall pay to Scripps a continuing royalty on a country-by-country basis in the amount of (i) [***] ([***]%) of Net Sales of therapeutic Licensed Products which cannot be made, imported, used or sold in such country without utilizing one or more valid claims under Scripps Patent Rights, Valid Claims with no provision or offset for combination products; or (ii) [***] ([***]%) of Net Sales of diagnostic Licensed Products which canProducts, in all countries where the manufacture, use or sale of such Licensed Product is not be made, used or sold covered by a Valid Claim in such country without utilizing one or more valid claims under but is covered by Scripps Patent Rights, and (iii) [***] of Net Sales of all other Licensed ProductsTechnology.

Appears in 1 contract

Samples: License Agreement (Optimer Pharmaceuticals Inc)

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Percentage Royalty. As additional consideration for the exclusive license granted pursuant to Section 2.1 hereof, Licensee shall pay to Scripps a continuing royalty on a country-by-country basis in the amount of (i) [***] percent ([***]%) of Net Sales of therapeutic Licensed Products which cannot be made, imported, used or sold in such country without utilizing one or more valid claims under Scripps Patent Rights, Valid Claims with no provision or offset for combination products; (ii) [***] percent ([***]%) of Net Sales of diagnostic Licensed Products which canProducts, in all countries where the manufacture, use or sale of such Licensed Product is not be made, used or sold covered by a Valid Claim in such country without utilizing one or more valid claims under but is covered by Scripps Patent Rights, and (iii) [***] of Net Sales of all other Licensed ProductsTechnology.

Appears in 1 contract

Samples: License Agreement (Optimer Pharmaceuticals Inc)

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