Reduction in Royalty Sample Clauses

Reduction in Royalty. The Royalty payments due to Alkermes pursuant to this Section 5.2 shall be reduced by [***] of the amounts otherwise due pursuant to Section 5.2.1 on a Licensed Product-by-Licensed Product and country-by-country basis for any Licensed Product that is not covered by a Valid Claim of the Alkermes Patents in a given country at the time such Licensed Product is sold in such country. Such reductions shall apply for purposes of determining the amounts due to Alkermes pursuant to Section 5.2.1.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Reduction in Royalty. In the instance in which an A/B rated generic equivalent or substitute of a Product on sale in any part of the Territory is reasonably notified by either party under Section 8.2.1 above to infringe a Patent available for such Product in such country of the Territory, and PERMATEC takes no action against the third party, but BIOSANTE does, and BIOSANTE may give evidence that the marketing of such competitive product has led to a reduction in sales of the affected Product in such country of the Territory of more then fifteen percent (15%), then the Royalty payable by BIOSANTE to PERMATEC for that Product after such reasonable notice pursuant to Section 8.2.1 in that country of the Territory will be **** percent (**%) for as long as (1) such competing product is on sale, and (2) BIOSANTE's Royalty obligation exists under this Agreement.
Sample 1Sample 2
Reduction in Royalty. In the instance in which an generic equivalent or substitute of a Product on sale in any either party available for PERMATEC BIOSANTE does, such part of the Territory is reasonably notified by under Section 8.2.1 above to infringe a Patent such Product in such country of the Territory, and takes no action against the third party, but and BIOSANTE may give evidence that the marketing of of the more then BIOSANTE to notice Territory competing obligation SECTION HAVE competitive product has led to a reduction in sales affected Product in such country of the Territory of fifteen percent (15%), then the Royalty payable by PERMATEC for that Product after such reasonable pursuant to Section 8.2.1 in that country of the will be XXXX percent (XXXX%) for as long as (1) such product is on sale, and (2) BIOSANTE's Royalty exists under this Agreement. [PORTIONS OF THIS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIALITY UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. HAS BEEN COMMISSION.] A COPY OF THIS AGREEMENT WITH THIS SECTION INTACT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
Sample 1
Reduction in Royalty. In the instance in which an A/B rated generic equivalent or substitute of a Product on sale in any part of the Territory is reasonably notified by either party under Section 8.2.1 above to infringe a Patent available for such Product in such country of the Territory, and PERMATEC takes no action against the third party, but BIOSANTE does, and BIOSANTE may give evidence that the marketing of such competitive product has led to a reduction in sales of the affected Product in such country of the Territory of more then fifteen percent (15%), then the Royalty payable by BIOSANTE to PERMATEC for that Product after such reasonable notice pursuant to Section 8.2.1 in that country of the Territory will be XXXX percent (XXXX%) for as long as (1) such competing product is on sale, and (2) BIOSANTE’s Royalty obligation exists under this Agreement. [Portions of this section have been omitted pursuant to a request for confidentiality under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. The confidential portions of this Exhibit that have been omitted are marked with “XXXX.” A copy of this Agreement with this section intact has been filed separately with the Securities and Exchange Commission.]
Sample 1
Reduction in Royalty is amended to provide that in the instance in which arise the triggering circumstances described in that Paragraph 8.2.3, relating to the existence an A/B rated generic equivalent, the royalty owing is to be reduced from XXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. [A portion of this section has been omitted pursuant to a request for confidential treatment under Rule 406 under the Securities Act of 1933, as amended. The confidential portions of this Exhibit that have been omitted are marked with “XXXX.” copy of this section with the portion intact has been filed separately with the Securities and Exchange Commission] [I-7] Terms Paragraph 10.3.2 Terms, regarding XXX Combi Gel is amended to provide that
Sample 1
Reduction in Royalty. If (i) a third party is making, having made, using or selling, in any country in the Territory, any product that is competitive with a Licensed Product and which infringes any rights embodied in the Licensed Patents and (ii) the dollar value of sales of such infringing product in such country constitutes more than [...*...] of sales of Licensed Products in such country, then subsequent royalties payable to CIMA with respect to sales of Licensed Products in such country shall be reduced by [...*...] for as long as such third party continues to make, have made, use or sell such infringing product in such country and CIMA does not diligently seek to enforce its rights by prosecuting an infringement suit in such country against such third party. Notwithstanding the provisions of this Section 3.3.2, while CIMA is pursuing the enforcement of the Licensed Patents by prosecuting an infringement suit, BMS agrees to pay full royalties to CIMA in accordance with Section 4.1.
Sample 1
Reduction in Royalty. During such time as Licensor does not own one or more Licensor's Patents or Applications, the dollar amount of the continuing royalty that would otherwise have been payable under Section 6.3 of this Agreement shall be reduced by twenty-five percent (25%) but shall be otherwise payable in the same manner and under the same terms and conditions. After such time as Licensor's Patents are expired or lapsed due to the nonpayment of a maintenance fee, or each of the claims of each of Licensor's Patents has been judged by court of competent jurisdiction, from which no appeal can be taken, to be invalid or unenforceable or to not cover any self-heating or self-cooling or other form of thermal container, or any heating, cooling or other thermal module or component thereof, any accessory for a self-heating or self-cooling container, or any heating or cooling module or component thereof manufactured or sold by Ontro, the dollar amount of the continuing royalty which would otherwise have been payable under Section 6.3 of this Agreement shall be reduced by twenty-five percent (25%) but shall otherwise remain payable in the same manner and under the same terms and conditions.
Sample 1
AutoNDA by SimpleDocs

Related to Reduction in Royalty

  • Royalty Reduction If Licensed Product is royalty-bearing only on account of Section 4.3(b)(ii), then the royalty rates set forth in Section 4.3(a) with respect to Net Sales attributable to Licensed Product will be reduced by [***].

  • One Royalty No more than one royalty payment shall be due with respect to a sale of a particular Licensed Product. No multiple royalties shall be payable because any Licensed Product, or its manufacture, sale or use is covered by more than one Valid Claim.

  • Earned Royalty In addition to the annual license maintenance fee, ***** will pay Stanford earned royalties (Y%) on Net Sales as follows:

  • Single Royalty Only a single royalty payment shall be due and payable on Net Sales of a Licensed Product or performance of a Licensed Service, regardless if such Licensed Product or Licensed Service is Covered by more than one Valid Claim.

  • Royalty Reductions (i) If a Licensed Product is generating Net Sales in a country or administrative region during the Royalty Term in such country at a time when there is no TESARO Patent that contains a Valid Claim Covering the composition of matter of such Licensed Product in such country or administrative region, then the royalty rate for such Licensed Product in such country or administrative region shall be reduced by [***].

  • Earned Royalties Subject to of Article 7 hereof, Licensee shall pay to Licensor for the rights granted hereunder a sum equal to one and [*****] of the Net Invoice Value of Trademarked Products Sold by Licensee (the "Royalties"). The Royalties shall be remitted in accordance with Section 7.4 of this Agreement. 6.2

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • Minimum Royalty At the beginning of each calendar year during the term of this Agreement, beginning January 1, 2016, Company shall pay to Medical School a minimum royalty of {***}. If the actual royalty payments to Medical School in any calendar year are less than the minimum royalty payment required for that year, Company shall have the right to pay Medical School the difference between the actual royalty payment and the minimum royalty payment in full satisfaction of its obligations under this Section, provided such minimum payment is made to Medical School within sixty (60) days after the conclusion of the calendar year. Waiver of any minimum royalty payment by Medical School shall not be construed as a waiver of any subsequent minimum royalty payment. If Company fails to make any minimum royalty payment within the sixty-day period, such failure shall constitute a material breach of its obligations under this Agreement, and Medical School shall have the right to terminate this Agreement in accordance with Section 8.3.

  • Production Royalty The amount of the Royalty shall be determined at the end of each month after the Effective Date. The Royalty shall be determined monthly on the basis such that payments will be determined as of and paid within thirty (30) days after the last day of each month during which Lessee produces any Geothermal Resources. The Royalty rates shall be determined as follows:

  • Minimum Royalties If royalties paid to Licensor do not reach the minimum royalty amounts stated in Section 3.3 of the Patent & Technology License Agreement for the specified periods, Licensee will pay Licensor on or before the Quarterly Payment Deadline for the last Contract Quarter in the stated period an additional amount equal to the difference between the stated minimum royalty amount and the actual royalties paid to Licensor.

Time is Money Join Law Insider Premium to draft better contracts faster.