Common use of Products Generally Clause in Contracts

Products Generally. Subject to Section 7.5.2 and 7.5.3, Biogen Idec shall pay to Sunesis a royalty on Net Sales by Biogen Idec, its Affiliates and their Sublicensees of Products (other than Net Sales of Co-Funded Products in the Co-Funded Territory) and Other Biogen Idec Products (excluding for purposes hereof Net Sales of any Non-Kinase Other Biogen Idec Product), (“Royalty Products”), on a Royalty Product-by-Royalty Product basis, equal to the percentage of such Net Sales set forth below: Annual Net Sales Royalty on Net Sales Portion of Annual Net Sales of such Royalty Product up to ${ * }: { * }% Portion of Annual Net Sales of such Royalty Product between ${ * } and ${ * }: { * }% Portion of Annual Net Sales of such Royalty Product between ${ * } and ${ * }: { * }% Portion of Annual Net Sales of such Royalty Product over ${ * }: { * }% For purposes of the foregoing and Section 7.5.2 below, “annual Net Sales” shall mean, for a particular Product, the worldwide Net Sales of such Product for the particular calendar year. In the event that in a calendar quarter portions of the worldwide Net Sales of a particular Product are subject to royalty obligations under both Sections 7.5.1 and 7.5.2, the applicable royalty rate under Section 7.5.2 shall be applied to worldwide Net Sales based on the proportion of worldwide Net Sales generated in the Co-Funded Territory.

Products Generally. Subject to Section 7.5.2 and 7.5.3, Biogen Idec shall pay to Sunesis a royalty on Net Sales by Biogen Idec, its Affiliates and their Sublicensees of Products (other than Net Sales of Co-Funded Products in the Co-Funded Territory) and Other Biogen Idec Products (excluding for purposes hereof Net Sales of any Non-Kinase Other Biogen Idec Product), (“Royalty Products”), on a Royalty Product-by-Royalty Product basis, equal to the percentage of such Net Sales set forth below: Annual Net Sales Royalty on Net Sales Portion of Annual Net Sales of such Royalty Product up to ${ * }[*]: { * }[*]% Portion of Annual Net Sales of such Royalty Product between ${ * } [*] and ${ * }[*]: { * }[*]% Portion of Annual Net Sales of such Royalty Product between ${ * } [*] and ${ * }[*]: { * }[*]% Portion of Annual Net Sales of such Royalty Product over ${ * }[*]: { * }[*]% For purposes of the foregoing and Section 7.5.2 below, “annual Net Sales” shall mean, for a particular Product, the worldwide Net Sales of such Product for the particular calendar year. In the event that in a calendar quarter portions of the worldwide Net Sales of a particular Product are subject to royalty obligations under both Sections 7.5.1 and 7.5.2, the applicable royalty rate under Section 7.5.2 shall be applied to worldwide Net Sales based on the proportion of worldwide Net Sales generated in the Co-Funded Territory.