Common use of ROYALTIES PAYABLE Clause in Contracts

ROYALTIES PAYABLE. ▇▇▇▇▇▇▇ shall pay ACI royalties on aggregate Net Sales of all Products in each Calendar Year in the Territory at the royalty rates set out below. The period in which royalties are payable for a Product commences with the First Commercial Sale of the Product in a country and ends, with respect to that Product in that country upon the later to occur of (i) ten years from First Commercial Sale of the Product in that country or (ii) expiration of the last-to-expire Valid Claim of the ACI Patent Rights, ▇▇▇▇▇▇▇ Patent Rights as set out in clause b of the definition (and not those set out in clause a) or Joint Patent Rights in that country that but for the licenses granted herein, would be infringed by the making, using, selling, offering for sale, keeping or importing of such Product or (iii) expiration of regulatory or data exclusivity granted by a Regulatory Authority that prevents a Third Party from obtaining an approval to sell a Biosimilar Product having a Peptide for a use similar to a Product in that country. [*****] [*****] [*****] [*****] [*****] [*****]

Appears in 2 contracts

Sources: License, Development and Commercialization Agreement (AC Immune SA), License, Development and Commercialization Agreement (AC Immune SA)