Quarterly Royalty Payments. Beginning with the first royalty payment due Tessera from Licensee after the First Addendum Effective Date, royalties shall be calculated and paid in full in quarter annual payment periods ending March 31, June 30, September 30 and December 31 of each year. Beginning with the first such royalty payment, Licensee shall deliver a written report (as shown in Addendum Attachment A) within twenty (20) days from the last day of each quarter annual payment period describing the basis upon and containing the information sufficient to determine the royalties due Tessera for the applicable payment period (by facsimile, with an original by mail courier). Tessera shall then invoice Licensee (by facsimile, with an original by mail courier) for the royalties due Tessera as set forth in each such Licensee written royalty report. Licensee shall then have thirty (30) days from first receipt of Tessera’s invoice to pay the royalties due under Tessera’s invoice. All payments under this Paragraph shall be made in US Dollars by wire transfer to Union Bank of California, 00 Xxxxxxx Xxxx., Xxx Xxxx, XX 00000, Account Name: Tessera, Account No.: 6450148359, Routing No. 000000000, International Swift Code: XXXXXX00, or such other bank or account as Tessera may from time to time designate in writing. The payments of royalties shall be considered to be made as of the day on which such payments are received in Tessera’s designated bank account.
Quarterly Royalty Payments. Separate and apart from IP Purchase Payment and Warrant under Section 1 and the Minimum Annual Royalty Payments under Section 2.1, and subject to Section 2.3 below, Buyer shall provide royalty payments to Seller, payable on a quarterly basis ("Quarterly Royalty Payments"), based on Net Sales by Buyer (or its affiliates, licensees, or subsidiaries) of any device or system developed, in whole or in part, by Xx. Xxxx Xxxxxx under that certain Clinical Advisor and Development Agreement between NuVasive and Xx. Xxxx Xxxxxx dated October 10, 2002, or otherwise enabled by the assignment of the Intellectual Property Rights under Section 1 ("Assigned Technology"), but only to the extent the Quarterly Royalty Payments due Seller during each twelve (12) month period following the Effective Date exceed the Minimum Annual Royalty Payment, according to the following terms:
Quarterly Royalty Payments. Any payment due to Seller under Section 2.2 shall be made by Buyer within thirty (30) days after the end of each calendar quarter and shall be accompanied by an accurate statement of Net Sales of the Assigned Technology and any reduction in Quarterly Royalty Payments based on Section 2.3. The Quarterly Royalty Payments under Section 2.2 shall remain payable and due Seller for the period during which all patent claims covering Assigned Technology resulting from Intellectual Property Rights, or any later acquired patent rights to Assigned Technology developed under that certain Clinical Advisor and Development Agreement between NuVasive and Xx. Xxxx Xxxxxx dated October 10, 2002, remain valid and enforceable.
Quarterly Royalty Payments. All Earned Royalties due by either party to the other party hereunder shall be payable on a calendar quarterly basis. Within sixty (60) days after the end of each Calendar Quarter during the term of this Agreement, each party owing an Earned Royalty under Paragraphs 3.2 or 3.3 shall pay the Earned Royalty owed to the other party through the end of the preceding Calendar Quarter and shall furnish the other party with a written statement setting forth the number of its own Products sold and the Net Sales invoiced during such Calendar Quarter, and the resulting amount of the royalty due under Paragraphs 3.2 and 3.3.
Quarterly Royalty Payments. With each such report submitted, Licensee shall pay to USM the royalties due under this Agreement. If no royalties shall be due, Licensee shall so report.
Quarterly Royalty Payments. With each such report submitted, LICENSEE shall pay to RTC the royalties due under this Agreement. If no royalties shall be due, LICENSEE shall so report. 5.4
Quarterly Royalty Payments. Beginning on the Effective Date of this Agreement, royalties shall be calculated and paid in full in quarter annual payment periods ending March 31, June 30, September 30 and December 31 of each year. Beginning with the first such royalty calculation and payment, Licensee shall deliver a written report (as shown in Attachment B) describing the basis upon and containing the information sufficient to determine the royalties due Tessera for the applicable payment period. All payments under this Paragraph shall be made in US Dollars by wire transfer to Union Bank of California, 99 Axxxxxx Xxxx., Xxx Xxxx, XX 00000, Xxcount Name: Tessera, Account No.: 6450148359, Routing No. 122000000, Xxternational Swift Code: UBLAXX00, xx such other bank or account as Tessera may from time to time designate in writing. Licensee will further submit with each such calculation report, an accounting of the total quantity of TCCs manufactured by Licensee as compared to the total quantity of TCCs manufactured for Licensee by a separate Tessera TCC assembly licensee. The payments of royalties and submission of royalty reports from Licensee to Tessera under this Paragraph shall be made within sixty (60) days from the end of each reporting calendar quarter and shall be considered to be made as of the day on which such payments are received in Tessera's designated bank account.
Quarterly Royalty Payments. Beginning on the Effective Date of this Agreement, royalties shall be calculated and paid in full in quarter annual payment periods ending March 31, June 30, September 30 and December 31 of each year. Beginning with the first such royalty payment, Licensee shall deliver a written report (as shown in Attachment B) describing the basis upon and containing the information sufficient to determine the royalties due Tessera for the applicable payment period. All payments under this Paragraph shall be made in US Dollars by wire transfer to Union Bank of California, 00 Xxxxxxx Xxxx., Xxx Xxxx, XX 00000, Account Name: Tessera, Account No.: 6450148359, Routing No. 000000000, International Swift Code: XXXXXX00, or such other bank or account as Tessera may from time to time designate in writing. The payments of royalties and submission such reports from Licensee to Tessera under this *Confidential Treatment Requested. Paragraph shall be made within thirty (30) days from the end of each quarter annual payment period and shall be considered to be made as of the day on which such payments are received in Tessera's designated bank account.
Quarterly Royalty Payments. Section 2.2 of the IP Purchase Agreement entitled “Quarterly Royalty Payments” is superseded and replaced by the following new Section 2.2:
Quarterly Royalty Payments. Separate and apart from IP Purchase Payment of Section 1 and the Milestone Payment of Section 2.1, and subject to Section 2.3 below, Buyer shall provide royalty payments to Seller, payable on a quarterly basis (“Quarterly Royalty Payments”), based on Net Sales by Buyer (or its affiliates, licensees, or subsidiaries) of any device or system developed, in whole or in part, by Xx. Xxxx Xxxxxx under that certain Clinical Advisor and Development Agreement between NuVasive and Xx. Xxxx Xxxxxx dated August 12, 2005 (the “Advisor Agreement”), or otherwise resulting from or directly enabled by the assignment of the Intellectual Property Rights under Section 1 (“Assigned Technology”), according to the following terms:
