Common use of Royalties Clause in Contracts

Royalties. 1. Royalties derived from a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may shall be taxed taxable only in that other State. (2. However) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws use, any copyright of that Stateliterary, but if the beneficial owner of the royalties is a resident of the other Contracting Stateartistic or scientific work including cinematograph films, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. (3. ) The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. (4. ) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. (5. ) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. (2. ) However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to in accordance with the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royaltiesroyalties in the meaning of paragraph 4 subparagraph a) of this Article. (3. ) However, such royalties may also be taxed in the Contracting State in which they arise and in accordance with the laws of that State, but if the recipient is the beneficial owner of the royalties the tax so charged shall not exceed 5 per cent of the gross amount of the royalties in the meaning of paragraph 4 subparagraph b) of this Article. (4) The term „royalties“ as used in this Article means payments of any kind received as a consideration for: a) the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films; b) any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. (5) The provisions of paragraphs 1 1, 2 and 2 of this Article 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. (6) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a subdivision or local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. (7) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a resident of a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws law of that State, but if where the beneficial owner of the royalties is a resident of subject to tax thereon in the other Contracting State, the tax so charged shall not exceed 12.515% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in of which the company paying the royalties arise is a resident a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with the business carried on through such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the a Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person persons, the amount of the royalties, having regard to the use, right or information for which they are paid, paid exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-last- mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for reasons other than bona fide commercial reasonsconsideration. ▇7. ▇▇ In this Article the term "royalties" means payments payment of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, process or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws law of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the such royalties. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from sources within a Contracting State by a person who is a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such royalties may also be taxed in the that first-mentioned Contracting State from which they are derived and according to the laws law of that State, but if but, where that person is the beneficial owner of the royalties is a resident of the other Contracting Stateroyalties, the amount of tax so charged shall not exceed 12.5% 15 per cent of the gross amount of the royalties. (2) The term “royalties” in this Article means payments of any kind to the extent to which they are made as consideration for— (a) the use of or the right to use any— (i) copyright, patent, design or model, plan, secret formula or process, trade-mark, or other like property or right; (ii) industrial, agricultural, commercial or scientific equipment; (iii) motion picture films; or (iv) films or video tapes for use in connection with television or tapes for use in connection with radio broadcasting; (b) the supply of— (i) scientific, technical, industrial or commercial knowledge or information; (ii) any assistance which is given as a means of enabling the application or enjoyment of such knowledge or information; or (c) the supply by a resident of a Contracting State of management services in the other Contracting State, but does not include natural resource royalties. (3. ) The provisions limitation on the amount of paragraphs 1 and 2 tax for which paragraph (1) of this Article provides shall not apply if the person who is the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the knowledge, information, assistance, right or property in respect of which giving rise to the royalties are paid is effectively connected with such that permanent establishment or fixed baseestablishment. In such a case, the provisions of Article 7 or Article 14, as the case royalties may be, shall apply. 4. Royalties shall be deemed to be derived taxed in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the other Contracting State in which accordance with the permanent establishment or fixed base is situatedlaw of that other Contracting State. 5. Where, (4) Where the application of the limitation on the amount of tax for which paragraph (1) of this Article provides is not excluded by virtue of paragraph (3) of this Article but owing to a special relationship between the payer person paying the royalties and the person who is the beneficial owner of the royalties, or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, royalties paid exceeds the amount which would might have been expected to have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions limitation on the amount of tax for which paragraph (1) of this Article provides shall apply only to the last-mentioned amount. In that case, the excess part of the payment payments shall remain taxable according to the laws law of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% exceed: (a) in the case of royalties referred to in subparagraph (a) of paragraph 3 of this Article, 10 per cent of the gross amount of the royalties; (b) in the case of royalties referred to in subparagraph (b) of paragraph 3 of this Article, 10 per cent of the adjusted amount of the royalties. For the purpose of this subparagraph “the adjusted amount” means 70 per cent of the gross amount of the royalties. 3. The term “royalties” as used in this Article comprises: (a) payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work, including cinematograph films, and films, tapes or discs for radio or television broadcasting, or any patent, know-how, trade mark, design or model, plan, secret formula or process; and (b) payments of any kind received as a consideration for the use of, or the right to use, any industrial, commercial or scientific equipment. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. , Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% exceed: (a) 15 per cent of the gross amount of the royaltiesroyalties where the royalties arise or accrue on or before 31st December 1999; (b) 10 per cent of the gross amount of the royalties in any other case. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including cinematograph films, and films or tapes for radio or television broadcasting), any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information (know-how) concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall likewise apply to sums derived from sources within one of the Contracting States by a resident of the other Contracting State from the alienation of any right or property from which royalties are or may be derived. 5. The provisions of paragraphs 1, 2 and 4 of this Article shall not apply if the beneficial owner of the royaltiesroyalties or of the sums derived, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise or the sums arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid or the sums are derived is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 1414 of this Agreement, as the case may be, shall apply. 46. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority authority, a statutory body or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 57. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid exceeds, having regard to the usefor whatever reason, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 68. The provisions of this Article shall not apply if it was the right main purpose or property giving rise to one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the royalties was created or assigned mainly for the purpose of taking are paid to take advantage of this Article and not for bona fide commercial reasonsby means of that creation or assignment. ▇9. ▇▇ In the event that a resident of a Contracting State is denied relief from taxation in the other Contracting State by reason of the provisions of paragraph 8 of this Article Article, the term "royalties" means payments competent authority of any kind received as consideration for the use of, or other Contracting State shall notify the right to use, any copyright competent authority of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experiencefirst-mentioned Contracting State.

Royalties. 1. Royalties derived from a arising in one of the Contracting State by States, being royalties to which a resident of the other Contracting State is beneficially entitled, may be taxed in that other State. 2. However, such Such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 15 percent of the gross amount of the royalties. 3. Notwithstanding the provisions of paragraph 2, approved industrial royalties derived from Malaysia by a resident of Australia who is the beneficial owner thereof shall be exempt from Malaysian tax. 4. The provisions of paragraphs 1 1, 2 and 2 of this Article 3 shall not apply if the beneficial owner of person beneficially entitled to the royalties, being a resident of a one of the Contracting StateStates, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid derived a permanent establishment with which the right, property, knowledge, information or assistance giving rise to the royalties is effectively connected with such permanent establishment or fixed baseconnected. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that Contracting State itself, itself or a political subdivision, a local authority or statutory body thereof or a resident of that StateState for the purposes of its tax. Where, however, the person paying the royalties, whether he is a resident of a one of the Contracting State States or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to a special relationship between Where the payer is related to the person beneficially entitled to the royalties and the beneficial owner or between both of them and some other person the amount of the royaltiesroyalties paid or credited, having regard to the use, to the right to use, or to the knowledge, information or assistance, for which they are paidpaid or credited, exceeds the amount which would might be expected to have been agreed upon by the payer and the beneficial owner in the absence of such relationshipperson so entitled if they had not been related, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment royalties paid or credited shall remain taxable according to the laws law of each Contracting State, due regard being had to the other provisions of this Agreement. For the purposes of this paragraph, a person is related to another person if either person participates directly or indirectly in the management, control or capital of the other, or if any third person or persons participate directly or indirectly in the management, control or capital of both. 67. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" in this Article means payments or credits of any kind received to the extent to which they are made as consideration for for: (a) the use of, or the right to use, any copyright of literaryany- (i) copyright, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, design or model, plan, secret formula or process, trade ▇▇▇▇ or for the use of, other like property or the right to use, right; (ii) industrial, commercial or scientific equipment; or (iii) motion picture film or tape for radio or television broadcasting; (b) the supply of scientific, technical, industrial or commercial knowledge or information; (c) the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such right or property as is described in paragraph (a) (i), any such equipment as is described in paragraph (a) (ii), or any such knowledge or information as is described in paragraph (b); or (d) total or partial forbearance in respect of the use of a property or right referred to in this paragraph. 8. The term "approved industrial royalties" in this Article means royalties as defined in paragraph 7 which are approved and certified by the competent authority of Malaysia as payable for information concerning industrialthe purpose of promoting industrial development in Malaysia and which are payable by an enterprise which is wholly or mainly engaged in activities falling within one of the following classes: (a) manufacturing, commercial assembling or scientific experienceprocessing; (b) construction, civil engineering or ship-building, or (c) electricity, hydraulic power, gas or water supply. 9. Royalties derived by a resident of Australia, being royalties that, as film rentals, are subject to the cinematograph film-hire duty in Malaysia, shall not be liable to Malaysian tax.

Royalties. 1. 1 - Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. 2 - However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that Contracting State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% (8) per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 3. 3 - The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4 - The provisions of paragraphs 1 (1) and 2 of this Article (2) shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein therein, or performs in that other Contracting State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 (7) or Article (14), as the case may be, shall apply. 4. 5 - Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that Contracting State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. 6 - Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may be taxed only in that other State. 2. HoweverNotwithstanding the provisions of paragraph 1, such royalties may also be taxed in the Contracting State from in which they are derived arise if they constitute consideration for the use of, or the right to use a) a trademark and according any information concerning industrial, commercial or scientific experience provided in connection with a rental or franchise agreement that includes rights to the laws use a trademark, or b) a motion picture film or work on film or videotape or other means of that Statereproduction for use in connection with television, but if the beneficial owner of the royalties is a resident of the other Contracting State, however the tax so charged shall not exceed 12.5% 5 percent of the gross amount of the royalties. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic, scientific or other work (including computer software, and cinematographic films), any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 1, 2 and 2 of this Article 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such a case, case the provisions of Article 7 or Article 14, as the case may be, (Business Profits) shall apply. 45. For the purposes of this Article, a) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment is situated and not in any other State of which the payer is a resident; b) Where subparagraph a) does not operate to treat royalties as arising in either Contracting State, and the royalties are for the use of, or fixed base is situatedthe right to use, in one of the Contracting States, any property or right described in paragraph 3, the royalties shall be deemed to arise in that State. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer payer, and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that StateContracting State , but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% exceed: (a) 25 per cent of the gross amount of the royaltiesroyalties arising from the use or the right to use trade marks; (b) 15 per cent of the gross amount of the royalties in all other cases. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes for radio or television broadcasting, any patent, know-how, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other Contracting State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or of fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is the Government of that State itselfContracting State, a political subdivision, a local authority thereof or a resident of that Contracting State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or of fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. ‌ (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. (2. ) However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is the tax so charged shall not exceed: (a) 15 per cent. of the gross amount of the royalties where the royalties arise or accrue on or before 31st December 1999; (b) 10 per cent. of the gross amount of the royalties in any other case. (3) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including cinematograph films, and films or tapes for radio or television broadcasting), any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information (know-how) concerning industrial, commercial or scientific experience. (4) The provisions of paragraphs (1) and (2) of this Article shall likewise apply to sums derived from sources within one of the Contracting States by a resident of the other Contracting State, State from the tax so charged shall not exceed 12.5% alienation of the gross amount of the royaltiesany right or property from which royalties are or may be derived. 3. (5) The provisions of paragraphs 1 (1), (2) and 2 (4) of this Article shall not apply if the beneficial owner of the royaltiesroyalties or of the sums derived, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise or the sums arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid or the sums are derived is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 1414 of this Agreement, as the case may be, shall apply. 4. (6) Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority authority, a statutory body or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. (7) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid exceeds, having regard to the usefor whatever reason, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. (8) The provisions of this Article shall not apply if it was the right main purpose or property giving rise to one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the royalties was created or assigned mainly for the purpose of taking are paid to take advantage of this Article and not for bona fide commercial reasonsby means of that creation or assignment. ▇. ▇▇ (9) In the event that a resident of a Contracting State is denied relief from taxation in the other Contracting State by reason of the provisions of paragraph (8) of this Article Article, the term "royalties" means payments competent authority of any kind received as consideration for the use of, or other Contracting State shall notify the right to use, any copyright competent authority of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experiencefirst-mentioned Contracting State.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 5 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematography films, any patent, software, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from (a) Lessee shall pay to Lessor a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalty or royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% out of the gross amount proceeds received by Lessee from the sale or use of Resources, or the re-injection of geothermal resource produced from adjoining property ("Other Resources") in proportion to Lessor's Participation Interest in the operative Unit (as such terms are defined in Section 12, below) from which the Resources are produced, in whole or in part, or from which Other Resources are re-injected through ▇▇▇▇▇ located on the Property. Separate compensation for easements shall also be required at market terms and rates. (b) If Lessee sells any Resources, which do not require processing as described in Section 1(a) of this Agreement produced from the Property as such, a royalty of ten percent (10%) of the royalties. 3. The provisions gross value received from the sale by Lessee of paragraphs 1 and 2 of this Article shall not apply them Resources, if sold off the beneficial owner of Property or the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14Unit area, as the case may be, shall applybe paid to Lessor. 4. Royalties (c) If Lessee generates electric power from a generating or power processing facility which utilizes any Resources or otherwise converts any Resources into electric power from a designated resource area or Unit and sells any of the electric power to one or more third parties ("Electricity Revenues"), a royalty of three and one-half percent (3.5%) of the gross revenues received from the sale of such electric power. (d) If Lessee uses Resources at a commercial facility other than an electric power generating facility, a royalty of five percent (5%) of the gross proceeds shall be deemed paid on a proportionate basis to the Lessor. (e) Lessee may use, free of royalty, Resources and electric power developed from the Property for all operations authorized under the Agreement, including operation of the generating facility or facilities, and Lessee shall not be required to account to Lessor for or pay royalty on any Resources reasonably lost or consumed in operations hereunder, provided that, if Lessee is able to purchase power from a third-party at lower rates, it shall endeavor to do so. (f) Lessee shall pay to Lessor within thirty (30) days of receipt of payment from the purchaser of electricity or Resources, or both, the royalties accrued and payable for the preceding calendar month. Concurrently with making each such royalty payment, Lessee shall deliver to Lessor a statement including the supporting statement from the purchaser of the electrical power setting forth the basis for the determination of the royalty then paid by Lessee. (g) In the event Lessee sells any Resources to an entity affiliated with the Lessee, the royalty payment shall be calculated on the greater of: (1) the gross proceeds received by the Lessee or (2) the net fair market value of the Resources sold to the affiliated entity. (h) For purposes of calculating royalties, gross proceeds received from Lessee shall include all revenues directly derived in a Contracting State where from the payer is that State itselfsale of electricity from the ownership of power plants receiving Resources from the Property, a political subdivision, a local authority or a resident including all sales of that State. Whereelectricity through bilateral power sales contracts; provided, however, the person paying the for purposes of calculating royalties, gross proceeds shall not include any favorable loans, subsidies or tax credits received by the Lessee from power purchase or any governmental entity associated with "green" or "clean" power alternatives, whether he is resident of a Contracting State such net purchase credits, loans, subsidies or not, has in a Contracting State a permanent establishment tax credits are available now or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situatedfuture. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. (2. ) However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws law of that State, but if the beneficial owner of the where such royalties is are paid to a resident of the other Contracting State, State who is subject to tax there in respect thereof the tax so charged shall not exceed 12.5% 121/2 per cent of the gross amount of the royalties. (3. ) The provisions of paragraphs 1 (1) and 2 (2) of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise arise, a permanent establishment situated therein therein, or performs perform in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. (4. ) Royalties shall be deemed to be derived arise in a Contracting State where when the payer buyer is that State itself, itself a political subdivision, a local authority or a resident of that State. WhereWhen, however, the person paying the royalties, royalty whether he is resident of a Contracting State or not, has in a Contracting contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such that permanent establishment or fixed base, such then the royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. (5. Where) where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person persons, the amount of the royaltiesroyalties paid, having regard to the use, use right or information for which they are paid, exceeds the amount mount which would could have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws law of each Contracting contracting State, due regard being had to the other provisions of this Agreementagreement. (6. ) The provisions of this Article shall not apply if the right or property giving given rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ (7) In this Article the term "royalties" means payments payment of any kind received as consideration for the use of, or for the right to use, use ,any copyright copy right of literary, artistic or scientific work including cinematograph cinematography films and films or tapes used for radio and television broadcastingbroadcasting :, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, process or for the use of, or the right fight to use, use industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a Contracting State by a resident a. Except as provided in subparagraph 5(b) below, Licensee shall pay to Licensor an annual royalty (the “Percentage Royalty”) of two (2%) percent of the other Contracting State amount of Restaurant Sales and Non-Restaurant Sales made during any calendar year during which Restaurant Sales or Non-Restaurant Sales are made. As a credit against the Percentage Royalty, Licensee shall pay to Licensor a guaranteed minimum royalty (“the Minimum Royalty”) in the amount of $800,000 regardless of the number of Restaurants that may be taxed in that other Stateoperation during such calendar year. 2. Howeverb. If Licensee or any Affiliate thereof shall hereafter (i) be engaged as the manager of a new restaurant commonly identified or considered by the public as a steakhouse (hereinafter referred to as a “Manager” or “Management”), or (ii) purchase the right to utilize any steakhouse name such royalties may also as Sparks, The Palm, Morton’s or Outback and thereafter shall open new steakhouse(s) utilizing such name, then only such new steakhouse(s) as are thereafter opened and such new steakhouse(s) as come under such Management described in (i) above in this paragraph 5(b) shall be taxed in the Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 considered “Restaurants” solely for purposes of this Article subparagraph (b) and an annual Percentage Royalty of one (1%) percent (instead of two (2%) percent) shall not apply if be payable on the beneficial owner Restaurant Sales and Non-Restaurant Sales of the royaltiessuch new restaurant(s); provided, being a resident of a Contracting Statehowever, has in the that no Percentage Royalty or fee or other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property compensation shall be payable by Licensee to Licensor in respect of which any such steakhouse restaurant(s) as are in existence at the royalties are paid is effectively connected with time of such permanent establishment acquisition or fixed baseat the commencement of such Management by Licensee or any Affiliate thereof so long as such restaurants do not utilize the Marks. In such a caseBy way of example, if Licensee or any Affiliate hereafter shall acquire or become the provisions Manager of Article 7 Sparks or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority all or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person the amount any portion of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade M▇▇▇▇▇’▇ Steakhouse chain, designno two (2%) percent Percentage Royalty would be payable by Licensee to Licensor with respect to sales at such restaurants which are so acquired by Licensee or any Affiliate (or with respect to which Licensee or any Affiliate becomes the Manager) utilizing such other steakhouse’s name which are in operation as of the date of the acquisition or commencement of Management, modelbut new restaurants thereafter opened or which thereafter became subject to Management by Licensee or any Affiliate as steakhouses and do not utilize the Marks would be considered “Restaurants” hereunder entitling Licensor to a one (1%) percent Percentage Royalty in respect to the sales arising out of such new restaurant operations. c. Licensee shall pay to Licensor an annual royalty (the “Grill Percentage Royalty”) of one (1%) percent of the amount of Grill Sales and Non-Grill Sales made during any calendar year during which Grill Sales or Non-Grill Sales are being made; provided, planhowever, secret formula (i) if the average per-person check during any six month period is equal to or processin excess of $48.00 (or $45.00 if such Grill serves both lunch and dinner), as increased by percentage increase of the Consumer Price Index at the time of such calculation over the Consumer Price Index on the date hereof, but is less than $52.00, the Grill Percentage Royalty shall, for such period and during the balance of the term of this Agreement for such Grill, be 1.5% of Grill Sales and Non-Grill Sales for such Grill and (ii) if the average per-person check during any six month period is equal to or in excess of $56.00 (or $52.00 if such Grill Restaurant serves both lunch and dinner), as increased by percentage increase Consumer Price Index at the time of such calculation over the Consumer Price Index on the date hereof, the Grill Percentage Royalty shall, for such period and during the balance of the term of this Agreement for such Grill Restaurant, be 2% of Grill Restaurant Sales and Non-Grill Restaurant Sales for such Grill Restaurant. d. As a credit against the Grill Percentage Royalty, Licensee shall pay to Licensor a guaranteed minimum royalty (the “Minimum Grill Royalty”) in an amount equal to $50,000 for each Grill that may be in operation during such year; provided, however, if the opening of a Grill does not occur in January of such year, the Minimum Grill Royalty for only such year in which such Grill opens shall be pro-rated only for the use of, or period of such calendar year beginning on the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experiencefirst day of the month it opens through December 31 of such year.

Royalties. 1. Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. HoweverThe term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws use, any copyright of that Stateliterary, but if the beneficial owner of the royalties is a resident of the other Contracting Stateartistic or scientific work including cinematograph films, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 7, or Article 14, as the case may be, 14 of this Agreement shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that Contracting State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. However, State if such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if resident is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. (2) The term " royalties" as used in this article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematography films and film or tapes for radio and television broadcasting, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning, industrial, commercial or scientific experience. (3. ) The provisions of paragraphs 1 and 2 (1) of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. (4. ) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. (5. ) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. However, State if such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if resident is the beneficial owner of the royalties is a resident royalties. 2. The competent authorities of the other Contracting State, States shall by mutual agreement settle the tax so charged shall not exceed 12.5% of mode in which the gross amount of State in which the royaltiesroyalties arise abandons its taxation. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer payer, and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. (2. ) However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws law of that State, but if the beneficial owner of the where such royalties is are paid to a resident of the other Contracting State, State who is subject to tax there in respect thereof the tax so charged shall not exceed 12.5% 12½ per cent of the gross amount of the royalties. (3. ) The provisions of paragraphs 1 (1) and 2 (2) of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise arise, a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. (4. ) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such that permanent establishment or fixed base, such then the royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. (5. ) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws law of each Contracting State, due regard being had to the other provisions of this Agreement. (6. ) The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ (7) In this Article the term "royalties" means payments payment of any kind received as consideration for the use of, or for the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, use industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade ▇▇▇▇, secret formula or process, or for information concerning industrial, commercial or scientific experience. 3. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to in accordance with the laws of that Contracting State, but if the beneficial owner of the royalties is a the resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 34. Notwithstanding the provisions of paragraph 3 of this Article, in the case of payment of royalties in respect of any copyright of scientific work, any patent, trade ▇▇▇▇, secret formula, process or information concerning industrial, commercial or scientific experience the tax charged shall not exceed 5 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 5. The provisions of paragraphs 1 1, 3 and 2 4 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 1414 of this Convention, as the case may be, shall apply. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State6. Where, however, the person paying the royalties, whether he is resident by reason of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 67. The provisions Royalties shall be deemed to arise in a Contracting State when the payer is a resident of this Article shall not apply if that State. Where, however, the right person paying the royalties, whether he is a resident of a Contracting State or property giving rise not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties are paid was created incurred, and such royalties are borne by such permanent establishment or assigned mainly for fixed base, then such royalties shall be deemed to arise in the purpose of taking advantage of this Article and not for bona fide commercial reasonsState in which the permanent establishment or fixed base is situated. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the a Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, and films or tapes for television or radio broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 1414 of this Convention, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a regional or local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a arising in one of the Contracting State by States, being royalties to which a resident of the other Contracting State is beneficially entitled, may be taxed in that other State. 2. However, such Such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 15 percent of the gross amount of the royalties. 3. Notwithstanding the provisions of paragraph 2, approved industrial royalties derived from Malaysia by a resident of Australia who is the beneficial owner thereof shall be exempt from Malaysian tax. 4. The provisions of paragraphs 1 1, 2 and 2 of this Article 3 shall not apply if the beneficial owner of person beneficially entitled to the royalties, being a resident of a one of the Contracting StateStates, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid derived a permanent establishment with which the right, property, knowledge, information or assistance giving rise to the royalties is effectively connected with such permanent establishment or fixed baseconnected. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that Contracting State itself, itself or a political subdivision, a local authority or statutory body thereof or a resident of that StateState for the purposes of its tax. Where, however, the person paying the royalties, whether he is a resident of a one of the Contracting State States or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to a special relationship between Where the payer is related to the person beneficially entitled to the royalties and the beneficial owner or between both of them and some other person the amount of the royaltiesroyalties paid or credited, having regard to the use, to the right to use, or to the knowledge, information or assistance, for which they are paidpaid or credited, exceeds the amount which would might be expected to have been agreed upon by the payer and the beneficial owner in the absence of such relationshipperson so entitled if they had not been related, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment royalties paid or credited shall remain taxable according to the laws law of each Contracting State, due regard being had to the other provisions of this Agreement. For the purposes of this paragraph, a person is related to another person if either person participates directly or indirectly in the management, control or capital of the other, or if any third person or persons participate directly or indirectly in the management, control or capital of both. 67. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" in this Article means payments or credits of any kind received to the extent to which they are made as consideration for for: (a) the use of, or the right to use, any copyright of literaryany- (i) copyright, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, design or model, plan, secret formula or process, trade mark or for the use of, other like property or the right to use, right; (ii) industrial, commercial or scientific equipment; or (iii) motion picture film or tape for radio or television broadcasting; (b) the supply of scientific, technical, industrial or commercial knowledge or information; (c) the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such right or property as is described in paragraph (a) (i), any such equipment as is described in paragraph (a) (ii), or any such knowledge or information as is described in paragraph (b); or (d) total or partial forbearance in respect of the use of a property or right referred to in this paragraph. 8. The term "approved industrial royalties" in this Article means royalties as defined in paragraph 7 which are approved and certified by the competent authority of Malaysia as payable for information concerning industrialthe purpose of promoting industrial development in Malaysia and which are payable by an enterprise which is wholly or mainly engaged in activities falling within one of the following classes: (a) manufacturing, commercial assembling or scientific experienceprocessing; (b) construction, civil engineering or ship-building, or (c) electricity, hydraulic power, gas or water supply. 9. Royalties derived by a resident of Australia, being royalties that, as film rentals, are subject to the cinematograph film-hire duty in Malaysia, shall not be liable to Malaysian tax.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall, if the recipient is the beneficial owner of the royalties, be taxed taxable only in that other State. 2. HoweverThe term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws use, any copyright of that Stateliterary, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties.artistic or scientific work (including cinematograph films 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay right or property in respect of which the royalties was incurred are paid is effectively connected, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such a case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 5 per cent of the gross amount of the royalties. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including cinematograph films and films, tapes or discs for radio or television broadcasting), any patent, trade mark, design or mode, computer programme, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royaltiesinterest, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise interest arises, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property debt-claim in respect of which the royalties are interest is paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 1413, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay right or property in respect of which the royalties was incurred are paid is effectively connected, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. HoweverThe term „royalties“ as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws use, any copyright of that Stateliterary, but if the beneficial owner of the royalties is a resident of the other Contracting Stateartistic or scientific work including cinematograph films, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention.” 6. The provisions ARTICLE IX Paragraph 4 of this Article 13 (Capital gains) of the Convention shall not apply if be replaced by the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.following paragraph:

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other StateContracting State . 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting Stateroyalties, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, or films or tapes used for radio or television broadcasting, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with (a) such permanent establishment or fixed base, or with (b) business activities referred to under (c) of paragraph 1 of Article 7. In such a case, cases the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, or a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived where it arises and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, State the tax so charged shall not exceed 12.5% nine (9) percent of the gross amount of the royalties. The Competent Authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations. 3. The provisions of paragraphs 1 and 2 of term “royalties” as used in this Article shall not apply if means payments of any kind received as a consideration for the beneficial owner use of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right to use, any copyright of literary, artistic or property scientific work including cinematograph films and works on films , tapes or other means of reproduction for use in respect of which the royalties are paid is effectively connected connection with such permanent establishment television or fixed base. In such a caseradio broadcasting, the provisions of Article 7 any patent, trade mark, design or Article 14model, as the case may beplan, shall applysecret formula or process, or for information (know-how) concerning industrial, commercial or scientific experience. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that Contracting State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner of the royalties or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of No relief shall be available under this Article shall not apply if it was the right main purpose or property giving rise to one of the main purposes of any person concerned with the creation or assignment of the shares or other rights in respect of which the royalties was created or assigned mainly for the purpose of taking are paid to take advantage of this Article and not for bona fide commercial reasonsby means of that creation or assignment. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and whose beneficial owner is a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting contracting State, the tax so charged shall not exceed 12.5% 5 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including software, cinematograph films, or films or tapes and other means of image or sound reproduction, any patent, trade ▇▇▇▇, drawings, designs or models, plans, secret formulas or processes, or for the use of, or the right to use, industrial, 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such the permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. However, State if such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if resident is the beneficial owner of the royalties is a resident royalties. The competent authorities of the other Contracting StateStates shall by mutual agreement settle the mode in which the State in which the royalties arise abandons its taxation. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the tax so charged shall not exceed 12.5% right to use, any copyright of the gross amount of the royalties. 3literary, artistic or scientific work including cinematograph films, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementCon- vention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a arising in one of the Contracting State by States, being royalties to which a resident of the other Contracting State is beneficially entitled, may be taxed in that other State. 2. However, such Such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, State but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 15 per cent of the gross amount of the royalties. 3. Notwithstanding the provisions of paragraph 2, approved industrial royalties derived from Malaysia by a resident of Australia who is the beneficial owner thereof shall be exempt from Malaysian tax. 4. The provisions of paragraphs 1 1, 2 and 2 of this Article 3 shall not apply if the beneficial owner of person beneficially entitled to the royalties, being a resident of a one of the Contracting StateStates, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid derived a permanent establishment with which the right, property, knowledge, information or assistance giving rise to the royalties is effectively connected with such permanent establishment or fixed baseconnected. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that Contracting State itself, itself or a political subdivisionsub-division, a local authority or statutory body thereof or a resident of that StateState for the purposes of its tax. Where, however, the person paying the royalties, whether he is a resident of a one of the Contracting State States or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to a special relationship between Where the payer is related to the person beneficially entitled to the royalties and the beneficial owner or between both of them and some other person the amount of the royaltiesroyalties paid or credited, having regard to the use, to the right to use, or to the knowledge, information or assistance, for which they are paidpaid or credited, exceeds the amount which would might be expected to have been agreed upon by the payer and the beneficial owner in the absence of such relationshipperson so entitled if they had not been related, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment royalties paid or credited shall remain taxable according to the laws law of each Contracting State, due regard being had to the other provisions of this Agreement. For the purposes of this paragraph, a person is related to another person if either person participates directly or indirectly in the management, control or capital of the other, or if any third person or persons participate directly or indirectly in the management, control or capital of both. 67. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" in this Article means payments or credits of any kind received to the extent to which they are made as consideration for - (a) the use of, or the right to use, any copyright of literary- (i) copyright, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, design or model, plan, secret formula or process, trade ▇▇▇▇ or for the use of, other like property or the right to use, right; (ii) industrial, commercial or scientific equipment; or (iii) motion picture film or tape for radio or television broadcasting; (b) the supply of scientific, technical, industrial or commercial knowledge or information; (c) the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such right or property as is described in paragraph (a)(i), any such equipment as is described in paragraph (1)(ii), or any such knowledge or information as is described in paragraph (b); or (d) total or partial forbearance in respect of the use of a property or right referred to in this paragraph. 8. The term "approved industrial royalties" in this Article means royalties as defined in paragraph 7 which are approved and certified by the competent authority of Malaysia as payable for information concerning industrialthe purpose of promoting industrial development in Malaysia and which are payable by an enterprise which is wholly or mainly engaged in activities falling within one of the following classes - (a) manufacturing, commercial assembling or scientific experienceprocessing; (b) construction, civil engineering or shipbuilding; or (c) electricity, hydraulic power, gas or water supply. 9. Royalties derived by a resident of Australia, being royalties that, as film rentals, are subject to the cinematograph film-hire duty in Malaysia, shall not be liable to Malaysian tax.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade mark, secret formula or process, or for information concerning industrial, commercial or scientific experience. 3. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to in accordance with the laws of that Contracting State, but if the beneficial owner of the royalties is a the resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 34. Notwithstanding the provisions of paragraph 3 of this Article, in the case of payment of royalties in respect of any copyright of scientific work, any patent, trade mark, secret formula, process or information concerning industrial, commercial or scientific experience the tax charged shall not exceed 5 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 5. The provisions of paragraphs 1 1, 3 and 2 4 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 1414 of this Convention, as the case may be, shall apply. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State6. Where, however, the person paying the royalties, whether he is resident by reason of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 67. The provisions Royalties shall be deemed to arise in a Contracting State when the payer is a resident of this Article shall not apply if that State. Where, however, the right person paying the royalties, whether he is a resident of a Contracting State or property giving rise not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties are paid was created incurred, and such royalties are borne by such permanent establishment or assigned mainly for fixed base, then such royalties shall be deemed to arise in the purpose of taking advantage of this Article and not for bona fide commercial reasonsState in which the permanent establishment or fixed base is situated. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that Contracting State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, and films or tapes for radio or television broadcasting, and other means of image or sound reproduction, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, software, or for the use of, or the right to use, industrial, commercial or scientific equipment (including ships, aircraft and containers) or for information (know- how) concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other Contracting State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, 15 as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that Contracting State. Where, however, the person paying the such royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. (2. ) However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that Contracting State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.510% of the gross amount of the royalties. (3. ) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, films or tapes or other means for radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience (know-how). (4) The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or of property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. (5) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority thereof or a resident of that Contracting State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated.then such 5. (6) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting Con- tracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 3. The term «royalties» as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films, tapes or discs for radio or tele- vision broadcasting, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experi- ence. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein situ- ated therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he that person is a resident of a Contracting State or not, has in a Contracting State a permanent perma- nent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred incurred, and such royalties are borne by such that permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. ‌ 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 5 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations. 3. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer payer, and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a resident of a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws law of that State, but if where the beneficial owner of the royalties is a resident of subject to tax thereon in the other Contracting State, the tax so charged shall not exceed 12.5% 12.5 per cent of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in of which the company paying the royalties arise is a resident a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with the business carried on through such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivisionsubdivision or an administrative territorial unit, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, base then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing owning to a special relationship between the payer and the beneficial owner or between both of them and some other person persons, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if in the opinion of the competent authorities, the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments payment of any kind received as consideration for the use of, or the right to use, use any copyright of literary, artistic or scientific work including cinematograph films and or films or tapes used for radio and or television broadcasting, any patent, trade ▇▇▇▇, design, design or model, plan, secret formula or process, process or for the use of, or the right to use, use industrial, commercial or scientific equipment, equipment or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a resident of a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws law of that State, but if where the beneficial owner of the royalties is a resident of subject to tax thereon in the other Contracting State, the tax so charged shall not exceed 12.515% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in of which the company paying the royalties arise is a resident a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with the business carried on through such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the a Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person persons, the amount of the royalties, having regard to the use, right or information for which they are paid, paid exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-last- mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for reasons other than bona fide commercial reasonsconsideration. ▇7. ▇▇ In this Article the term "royalties" means payments payment of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇mark, design, model, plan, secret formula or process, process or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% exceed: (a) in the case of royalties referred to in subparagraph (a) of paragraph 3 of this Article, 10 per cent of the gross amount of the royalties; (b) in the case of royalties referred to in subparagraph (b) of paragraph 3 of this Article, 10 per cent of the adjusted amount of the royalties. For the purpose of this subparagraph “the adjusted amount” means 70 per cent of the gross amount of the royalties. 3. The term “royalties” as used in this Article comprises: (a) payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work, including cinematograph films, and films, tapes or discs for radio or television broadcasting, or any patent, know-how, trade ▇▇▇▇, design or model, plan, secret formula or process; and (b) payments of any kind received as a consideration for the use of, or the right to use, any industrial, commercial or scientific equipment. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. , Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from (a) Subject to the remainder of this Section 8.06 (Royalties), Licensee shall pay Agios the following royalties on aggregate Net Sales of all Licensed Products, at an incremental royalty rate determined by aggregate annual Net Sales of all Licensed Products in each calendar year during the Term in the Territory: By way of example and not limitation, if Net Sales of all Licensed Products in a Contracting State calendar year are [**] Dollars ($[**]), then the royalty shall be [**]. (b) Running royalties paid by Licensee under this Section 8.06 (Royalties) shall be paid on a resident Licensed Product-by-Licensed Product and Jurisdiction-by-Jurisdiction basis until the latest of (i) the expiration of the other Contracting State may last-to-expire Valid Claim in the Agios Patent Rights or Joint Combination Therapy Patent Rights that Covers such Licensed Product in the Field in such Jurisdiction, (ii) expiration of marketing or regulatory exclusivity with respect to such Licensed Product in such Jurisdiction, or (iii) ten (10) years from the First Commercial Sale of such Licensed Product in the Field in such Jurisdiction (each, a “Royalty Term”). Following the expiration of the Royalty Term with respect to a particular Licensed Product in the Field in a Jurisdiction (but not following an earlier termination of this Agreement), the licenses granted by Agios to Licensee pursuant to Section 2.01(a) with respect to such Licensed Product in the Field in such Jurisdiction shall be taxed perpetual, irrevocable, fully-paid and royalty-free, and Net Sales of such Licensed Product shall no longer be included in that other Statethe aggregate Net Sales calculation in Section 8.06(a) but shall be included in calculations of Net Sales for the purposes of Section 8.05 (Sales Milestones Payments). 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, (c) Notwithstanding the provisions of Article 7 Section 8.06(a), on a Jurisdiction-by-Jurisdiction basis, during any period in such Jurisdiction in which (i) the sale of a given Licensed Product would not infringe a Valid Claim of the Agios Patent Rights or Article 14a Valid Claim of the Joint Combination Therapy Patent Rights and (ii) there is no marketing or regulatory exclusivity with respect to such Licensed Product in such Jurisdiction, Licensee shall pay royalty rates for sales of such Licensed Product in such Jurisdiction that shall be set at [**] percent ([**]%) of the applicable royalty rate determined in accordance with Section 8.06(a). (d) In the event that Licensee or Agios obtains, after the Effective Date, a license under, or other rights to, Patent Rights or Know-How from any Third Party(ies) that are necessary in order to Commercialize a given Licensed Product in the Field in a given Jurisdiction, [**] percent ([**]%) of any and all royalty payments actually paid directly, or indirectly in accordance with Section 2.06(a), as applicable, under such Third Party licenses by Licensee or its Affiliates for sales of such Licensed Product in the case may be, Field in such Jurisdiction in a given calendar quarter shall applybe creditable against the royalty payments due to Agios by Licensee for sales of such Licensed Product in such Jurisdiction in such calendar quarter. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, (e) Notwithstanding the provisions of this Article shall apply only to Section 8.06(a), on a Jurisdiction-by-Jurisdiction basis, during any period in such Jurisdiction in which (i) the last-mentioned amount. In that case, the excess part sale of a given Licensed Product would infringe a Valid Claim of the payment Joint Combination Therapy Patent Rights but not a Valid Claim of the Agios Patent Rights and (ii) there is no marketing or regulatory exclusivity with respect to such Licensed Product in such Jurisdiction, Licensee shall remain taxable according to pay royalty rates for sales of such Licensed Product in such Jurisdiction that shall be set at [**] percent ([**]%) of the laws of each Contracting State, due regard being had to applicable royalty rate determined in accordance with Section 8.06(a). (f) Notwithstanding the other provisions of this Agreement. 6. The provisions the above subparts (c), (d) and (e) of this Article Section, in no event shall not apply if the right total royalty rate reduction(s) allowable under such subparts with respect to a given Licensed Product in a given Jurisdiction in a given calendar quarter, alone or property giving rise together, lead to a reduction of more than [**] percent ([**]%) of the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasonsapplicable royalty rate determined in accordance with Section 8.06(a). ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may shall be taxed taxable only in that other State. (2. However) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws use, any copyright of that Stateliterary, but if the beneficial owner of the royalties is a resident of the other Contracting Stateartistic or scientific work including cinematograph films, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. (3. ) The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. (4. ) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. (5. ) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. However, State if such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if resident is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. (2) The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, recordings on tape, other media used for video or television broadcasting or other means of reproduction or transmission, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience. (3. ) The provisions of paragraphs 1 and 2 paragraph (1) of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 8 or Article 1415, as the case may be, shall apply. (4. ) Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred and such the royalties are borne by such that permanent establishment or fixed base, such then the royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. (5. ) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. (6. ) The provisions of paragraph (1) of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other the first mentioned State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the The tax so charged shall not exceed 12.5% (5) five percent of the gross amount of the royalties. 2. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including computer software, cinematograph films, or films or tapes or discs used for radio or television broadcasting), any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay right, property in respect of which the royalties was incurred are paid is effectively connected, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amountamount of royalties. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.Agreement.‌

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. However, State if such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if resident is the beneficial owner of the royalties is royalties. 2. The term "royalties" as used in this Article means payments of any kind received as a resident consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, recordings on tape, other media used for video or television broadcasting or other means of reproduction or transmission, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the other Contracting Stateuse of, or the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesright to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience. 3. The provisions of paragraphs 1 and 2 paragraph (1) of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 8 or Article 1415, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred and such the royalties are borne by such that permanent establishment or fixed base, such then the royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of paragraph (1) of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a resident of a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws law of that State, but if where the beneficial owner of the royalties is a resident of subject to tax thereon in the other Contracting State, the tax so charged shall not exceed 12.5% 12.5 per cent of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in of which the company paying the royalties arise is a resident a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with the business carried on through such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivisionsub- division or an administrative territorial unit, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, base then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing owning to a special relationship between the payer and the beneficial owner or between both of them and some other person persons, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if in the opinion of the competent authorities, the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments payment of any kind received as consideration for the use of, or the right to use, use any copyright of literary, artistic or scientific work including cinematograph films and or films or tapes used for radio and or television broadcasting, any patent, trade ▇▇▇▇, design, design or model, plan, secret formula or process, process or for the use of, or the right to use, use industrial, commercial or scientific equipment, equipment or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. HoweverThe term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws of that Stateuse, but if the beneficial owner of the royalties is a resident of the other Contracting Stateany copyright or similar right, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience (know-how). 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base with which the right or property in connection with which the liability obligation to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if it was the right main purpose or property giving rise to one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the royalties was created or assigned mainly for the purpose of taking are paid to take advantage of this Article and not for bona fide commercial reasonsby means of that creation or assignment. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable in that other StateState if such resident is the beneficial owner of the royalties. 2. However, such royalties may also be taxed in the royalties, paid by a company which is a resident of a Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties a person who is a resident of the other Contracting State and who controls, directly or indirectly, more than 50% of the capital of the company paying the royalties, may be taxed in the first-mentioned State, ; the tax so charged shall shall, however, not exceed 12.510% of the gross amount of the royalties. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films (including royalties for television films and tapes), any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial of scientific experience. 4. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise taxed in the other Contracting State in which the permanent establishment or fixed base is situatedaccording to its law. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a Contracting State by a resident 5.1 In consideration of the other Contracting State may be taxed in that other State. 2. Howeverlicence granted hereunder, such royalties may also be taxed in the Contracting State from which they are derived and according Licensee shall pay to the laws University a royalty comprised of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.52% of the gross amount Revenue of the royaltiesLicensee. In addition, the Licensee shall pay to the University a royalty comprised of: (a) 20% of the first $1,000,000.00 of Sublicensing Revenue per calendar year, and (b) 10% of Sublicensing Revenue which exceeds $1,000,000.00 in each calendar year. 3. 5.2 The provisions royalty shall become due and payable within 30 days of paragraphs 1 each respective Royalty Due Date and 2 of this Article shall not apply if be calculated with respect to the beneficial owner Revenue of the royalties, being a resident of a Contracting State, has Licensee and the Sublicensing Revenue in the three month period immediately preceding the applicable Royalty Due Date. 5.3 All payments of royalties made by the Licensee to the University hereunder shall be made in Canadian dollars without any reduction or deduction of any nature or kind whatsoever, except as prescribed by Canadian law. 5.4 Products shall be deemed to have been sold by the Licensee and included in the Revenue of the Licensee when payment therefore is received by the Licensee. Sublicensing Revenue shall be deemed to have been received by the Licensee with respect to each of its sublicensees when such consideration is actually received by the Licensee from its sublicensees. 5.5 Subject to Article 1.1(n), any transaction, disposition, or other Contracting State in which dealing involving the royalties arise a permanent establishment situated therein Technology or performs in any part thereof between the Licensee and another person that other State independent personal services from a fixed base situated therein is not made at fair market value shall be deemed to have been made at fair market value, and the right fair market value of that transaction, disposition, or property in respect other dealing shall be added to and deemed part of which the royalties are paid is effectively connected with such permanent establishment Revenue or fixed base. In such a case, the provisions of Article 7 or Article 14Sublicensing Revenue, as the case may be, shall apply. 4. Royalties be and shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise included in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both calculation of them and some other person the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of royalties under this Agreement. 65.6 Without limiting the generality of Article 5.5, if the University disputes the allocation of revenue to Readers or Samplers sold in conjunction with or as part of a Product, then the allocation of revenue between the Product and the Reader or Sampler (the "Allocation") shall be determined in accordance with Article 5.7. 5.7 The parties shall attempt to agree upon the Allocation in a timely fashion. In the event that the parties are unable to agree upon the Allocation within 90 days of commencing efforts to negotiate same, then the parties hereto shall appoint a mutually acceptable person as an independent evaluator to conduct an evaluation to determine the Allocation. In the event that the parties cannot agree upon such an evaluator, the appointing authority shall be the British Columbia International Commercial Arbitration Centre or any successor thereto. The provisions of parties shall submit such written materials as they deem necessary to the evaluator appointed pursuant to this Article shall not apply if the right or property giving rise 5.7 within 30 days of his/her appointment. The evaluator appointed pursuant to the royalties was created or assigned mainly for the purpose of taking advantage of this Article 5.7 shall determine the allocation within 30 days of the submission of written materials by the parties hereto and not for bona fide commercial reasons. ▇such determination shall be binding upon both parties. ▇▇ The cost of the evaluation pursuant to this Article 5.7 shall be borne 50% by the term "royalties" means payments of any kind received as consideration for Licensee and 50% by the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experienceUniversity.

Royalties. 1. Royalties derived from a resident of a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws law of that State, but if where the beneficial owner of the royalties is a resident of subject to tax thereon in the other Contracting State, the tax so charged shall not exceed 12.515% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in of which the company paying the royalties arise is a resident a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with the business carried on through such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the a Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person persons, the amount of the royalties, having regard to the use, right or information for which they are paid, paid exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for reasons other than bona fide commercial reasonsconsideration. ▇7. ▇▇ In this Article the term "royalties" means payments payment of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, process or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. However, State if such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if resident is the beneficial owner of the royalties is royalties. 2. The term "royalties", as used in this Article, means payments of any kind received as a resident consideration for the use of, or the right to use, any copyright of the literary, artistic or scientific work (including films, recordings on tape or other Contracting Statemedia used for radio or television broadcasting or other means of reproduction and transmission), the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade ▇▇▇▇, design or model, plan, computer programme, secret formula or process, or for information concerning industrial, commercial or scientific experience. 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is a State power or an administrative authority created in that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred and such royalties are borne by such that permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, royalties exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such a case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties referred to in paragraph 1 of this Article may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 percent of the gross amount of the royalties. 3. The provisions term "royalties" as used in this Article means payments of paragraphs any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematography films, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4. The provision of paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions provision of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting Stateroyalties, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including cinematograph films, video recordings, and films or tapes for radio or television broadcasting), any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the fight to use, industrial, commercial, or scientific equipment, of for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner recipient of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base base, situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred incurred, and such the royalties are borne by such that permanent establishment or fixed base, such then the royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% (10) percent of the gross amount of the royalties. 3. The terns "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, or films or tapes 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a casearise, the provisions of Article 7 or Article 14, as the case may be, shall apply.through a 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay right, property in respect of which the royalties was incurred are paid is effectively connected, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.the

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall be taxed taxable only in that other State, if such resident is the beneficially owner of the royalties. 2. HoweverThe term " royalties" as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived right to use, any copyright of literary, artistic or scientific work including computer software, cinematograph films, and according films or tapes used for radio or television broadcasting of any kind, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use or for the right to the laws use of that Stateany industrial, but if the beneficial owner of the royalties is a resident of the other Contracting Statecommercial or scientific equipment, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesor for information concerning industrial, commercial or scientific experience (know-how). 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article the Convention shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasonsArticle. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may shall, if the recipient is the beneficial owner of the royalties, be taxed taxable only in that the other State. 2. HoweverThe term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived right to use, any copyright of literary, artistic or scientific work (including cinematograph films and according films, tapes or discs for radio or television broadcasting), any patent, trade mark, design or model, computer programme, plan, secret formula or process, or for the use of, or the right to the laws of that Stateuse industrial, but if the beneficial owner of the royalties is a resident of the other Contracting Statecommercial or scientific equipment or for information concerning industrial, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiescommercial or scientific experience. 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority authority, a statutory body or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay right or property in respect of which the royalties was incurred are paid is effectively connected, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royaltiesroyalties paid, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such a case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may shall be taxed taxable only in that other State. (2) The term „royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. HoweverThe term „royalties” shall also include payments of any kind for the use or the right to use a person's name, such royalties may also be taxed in picture or any other similar personality rights and payments received as consideration for the Contracting State from which they are derived and according to the laws recording of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesentertainers' or sportsmen's performances by radio or television. (3. ) The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. (4. ) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. (5. ) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a Contracting State by a resident (A) Lessor shall be paid in respect of the sale by Company or its licensees of phonorecords embodying the Masters or the License Masters hereunder and in respect of any other Contracting State may be taxed exploitation by Company or its licensees of such Masters or License Masters, the following earned royalties upon the terms hereinafter set forth: (1) For Masters, the amount Lessor is obligated to pay to any royalty participant for exploitation of the Masters in that other Statethe Territory and the Nonexclusive Territory. (2. However) For License Masters, such royalties may also be taxed the amount Lessor is obligated to pay to the licensor of the License Masters for exploitation of the License Masters in the Contracting State from which they are derived Territory and according to the laws of that State, but if the beneficial owner Nonexclusive Territory. (B) In respect of the royalties is a resident provided for herein: (1) Based upon the terms of agreements with third-parties setting forth the obligations of Lessor to such third parties with respect to the Masters and the License Masters, Company shall compute royalties payable to Lessor hereunder within sixty (60) days after the end of each calendar quarter of each year during which phonorecords made hereunder are sold or Company receives proceeds derived from the exploitation of the Masters or the License Masters, for the preceding three (3) month period, and will render full and complete accountings therefor certified by Company to be accurate and pay such royalties within such sixty (60) days without diminution for any income, excise, or other Contracting Statetaxes, tariffs, or duties. Upon the request of Company, Lessor shall provide Company with a copy of each agreement setting forth the royalty obligation of Lessor with respect to each Master or License Master. Payments shall be made in United States dollars by wire transfer. Each such payment shall be made payable to Lessor at such address or bank in the United States as shall be designated in writing from time to time by Lessor. All expenses of currency conversion and transmission shall be borne by Company, and no deduction shall be made from remittances on account of such expenses. Company and Lessor from time to time shall prepare all applications, reports, and other documents that may be required by the respective governments of the countries in the Territory and the Nonexclusive Territory in order that remittances may be made in accordance with this Agreement. Failure to submit timely reports and/or payments will incur an additional charge of two percent (2%) per month on any balance unpaid as of the 30th day of the applicable month. Earned royalties shall accrue when phonorecords are billed out or shipped, whichever date is earlier. Company agrees to account for the activities of its subsidiaries, affiliates, sublicensees, and controlled companies as if such subsidiaries, affiliates, sublicensees, and controlled companies were unincorporated divisions within the organization of Company, with their acts those of Company. (2) Statements rendered by Company shall contain the number of phonorecords sold identified by title of Master or License Master, the tax so charged country in which sold or shipped, the applicable royalty rate as provided by Lessor under Section VII(A), the price upon which the royalty has been computed, all returns, and the basis upon which all return credits have been calculated. Company agrees to retain records concerning the production, sale, and sublicensing of phonorecords, the Masters, and the License Masters for a period in no event less than five (5) years following rendition of any report. (3) Lessor and its representatives shall not exceed 12.5% have the right at all reasonable times during regular business hours and upon reasonable notice to inspect and make copies of the gross amount books and records of Company, at the place where such records are customarily maintained, insofar as they relate to the production, sale, sublicensing, or other exploitation of the Masters and the License Masters. Company agrees to cooperate fully with Lessor in making the inspection and copying. If as a result of an inspection it is determined that there are unreported royalties payable to Lessor, Company shall promptly pay Lessor the unreported royalties. 3, plus interest on the payments at the rate of two percent (2%) per month from the date such payment should have been made to Lessor. The provisions If the unreported royalties exceed either an aggregate of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner ten thousand dollars ($10,000.00) or more or five percent (5%) of the royaltiesamount theretofore paid by Company to Lessor, being a resident of a Contracting State, has Company shall reimburse Lessor for its out-of-pocket costs and professional fees in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with conducting such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, examination as the case may be, shall apply. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base well as any attorney fees incurred by Lessor in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situatedtherewith. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a resident of a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws law of that State, but if where the beneficial owner of the royalties is a resident of subject to tax thereon in the other Contracting State, the tax so charged shall not exceed 12.5% 12.5 per cent of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in of which the company paying the royalties arise is a resident a permanent establishment or a base fixed situated therein or performs in that other State independent personal services from a fixed base situated therein therein, and the right or of property in respect of which the royalties are paid is effectively connected with the business carried on through such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivisionsub-division or an administrative territorial unit, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, royalties having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-last mentioned amount. In that case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if in the opinion of the competent authorities, the right or of property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇7. ▇▇ In this Article the term "“royalties" ” means payments payment of any kind received as consideration for the use of, or the right to use, use any copyright of literary, artistic or scientific work including cinematograph cinematography films and or films or tapes used for radio and or television broadcasting, any patent, trade ▇▇▇▇mark, design, design or model, plan, secret formula or process, process or for the use of, or the right to use, use industrial, commercial or scientific equipment, or equipment of for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. (2. ) However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to in accordance with the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royaltiesroyalties in the meaning of paragraph 4 subparagraph a) of this Article. (3. ) However, such royalties may also be taxed in the Contracting State in which they arise and in accordance with the laws of that State, but if the recipient is the beneficial owner of the royalties the tax so charged shall not exceed 5 per cent of the gross amount of the royalties in the meaning of paragraph 4 subparagraph b) of this Article. (4) The term „royalties“ as used in this Article means payments of any kind received as a consideration for: a) the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films; b) any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. (5) The provisions of paragraphs 1 1, 2 and 2 of this Article 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. (6) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a subdivision or local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. (7) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. (2. ) However, such royalties may also be by taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the beneficial owner of the royalties royalities is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 15 per cent of the gross amount of the royaltiesroyalities. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations. (3. ) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes for radio or television broadcasting and other means of image or sound reproduction, any patent, trademark, design or model, software, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial, or scientific equipment or for information concerning industrial, commercial or scientific experience. (4) The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment establish ment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may beby, shall apply. 4. (5) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. (6) Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a Contracting State by a resident In further consideration of the rights and license granted to Licensee under this Agreement, Licensee agrees to pay to The Regents the following amounts: (a) Licensee agrees to pay The Regents running royalties equal to one percent (1%) of Net Sales of Licensed Products sold by Licensee; and (b) Licensee agrees to pay The Regents five percent (5%) of any running royalties that Licensee receives from its Sublicensees upon such Sublicensee's sales of Licensed Products ("Sublicense Royalties"). As used herein, Sublicense Royalties shall not include amounts paid to Licensee as development funds, equity investments, scientific or development benchmark payments, payments for research expenditures, payment for goods or any other Contracting State may amount that does not become payable as a running royalty upon a Sublicensee's sale of a Licensed Product; provided that if Licensee (i) grants to non-Affiliate third party a license, under patent rights owned or controlled by Licensee, to make and sell a Licensed Product for Sublicense Royalties that are both less than one percent (1%) of the Sublicensee's net sales of Licensed Products and below the normal range of royalties for products of that type in the particular industry, and (ii) receives in consideration of such license a cash issuance fee upon the grant of such license, such license issuance fee shall be taxed included within Sublicense Royalties for purposes of this Section 4.1(b), to the extent the same is not attributable to reimbursement of expenses, equity, benchmark payments, payments for research expenditures, payments for goods or the like. It is understood that the preceding sentence (beginning with "provided that") shall not apply, however, in the event that other Statethe license so granted by Licensee is contingent upon future events, such as a failure by Licensee to supply Licensed Products, or otherwise not immediately exercisable. It is further understood and agreed that Sublicense Royalties received by Licensee shall be determined net of withholding taxes; provided, however, to the extent that Licensee recoups any such withholding tax, as a result of actually reducing its United States income tax liability as a result of a credit for such withholding tax, the amount so recouped shall be included in Sublicense Royalties for the quarter in which such amounts were so recouped. 2(c) Royalties shall continue under paragraphs (a) and (b) of this Section 4.1 with respect to each Licensed Product, on a country-by-country basis, for so long as a Valid Claim within the Patent Rights exists in such country covering the sale of such Licensed Product or the method used to invent such Licensed Product. However, such royalties may also be taxed if the sale of a Licensed Product would not infringe a Valid Claim within the Patent Rights, and would not infringe any other Valid Claim owned or controlled by Licensee, in the Contracting State from country for which they are derived and according to the laws of that Statesuch Licensed Product is sold, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties then no royalty shall be deemed due under Section 4.1(a) above with respect to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situatedsales. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting contracting State may be taxed in that other the first mentioned State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the The tax so charged shall not exceed 12.5% (5) five percent of the gross amount of the royalties. 2. The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including computer software, cinematograph films, or films or tapes or discs used for radio or television broadcasting), any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseestablishment. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay right, property in respect of which the royalties was incurred are paid is effectively connected, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amountamount of royalties. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting Stateroyalties, the tax so charged shall not exceed 12.5% exceed: (a) 5 per cent of the gross amount of the royaltiesroyalties which are paid for the use of, or the right to use, industrial, commercial, or scientific equipment; (b) 8 per cent of the gross amount of the royalties in all other cases. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, or films or tapes used for radio or television broadcasting, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 1414 of this Convention, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-last- mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. (1. ) Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also paid for the use of immovable property or the exploitation of mines, quarries, or other natural resources shall be taxed taxable only in the Contracting States in which such property, mines, quarries, or other natural resources are situated. (2) The royalties referred to in the first sentence of paragraph (1) above may be taxed by withholding at the source in the State from in which they are derived arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 10 percent of the gross amount of the royalties. (3. ) The term “royalties” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work, including cinematograph and television films, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or remuneration for the use of, or the right to use, agricultural, industrial, commercial or scientific equipment not constituting immovable property referred to in Article 6, or for information concerning agricultural, industrial, commercial, or scientific experience, as well as remuneration for economic or technical studies. (4) The provisions of paragraphs 1 and 2 of this Article paragraph (1) shall not apply if the beneficial owner recipient of the royalties, being a resident of a Contracting StateState has, has in the other Contracting State in which the royalties arise arise, a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and with which the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseconnected. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. (5) Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority thereof or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseestablishment, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. (6) Where, owing to by reason of a special relationship between the payer and the beneficial owner creditor or between both of them and some other person person, the amount of the royalties, having regard to the use, right right, or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner creditor in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by States and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise, and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting Stateroyalties, the tax so charged shall not exceed 12.5% 10 per cent of the gross amount of the royalties. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, or films or tapes used for radio or television broadcasting, any patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other Contracting State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is as effectively connected with with (a) such permanent establishment or fixed base, or with (b) business activities referred to under (c) of paragraph 1 of Article 7. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws law of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% 5 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 3. The term “royalties”, as used in this Article, means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including motion pictures or films, recordings on tape or other media used for radio or television broadcasting or other means of 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability obligation to pay the royalties was incurred and such royalties are borne by such that permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 67. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State and beneficially owned by a resident of the other Contracting State may shall be taxed taxable only in that other State. 2. HoweverThe term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws of that Stateuse, but if the beneficial owner of the royalties is a resident of the other Contracting Stateany copyright or similar right, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience (know-how). 3. The provisions of paragraphs paragraph 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base with which the right or property in connection with which the liability obligation to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if it was the right main purpose or property giving rise to one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the royalties was created or assigned mainly for the purpose of taking are paid to take advantage of this Article and not for bona fide commercial reasonsby means of that creation or assignment. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from a Contracting State by a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from which they are derived and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State in which the royalties arise a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived in a Contracting State where the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred and such royalties are borne by such permanent establishment or fixed base, such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇mark, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting Stateroyalties, the tax so charged shall not exceed 12.5% exceed: (a) 5 per cent of the gross amount of the royaltiesroyalties which are paid for the use of, or the right to use, industrial, commercial, or scientific equipment; (b) 8 per cent of the gross amount of the royalties in all other cases. 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, or films or tapes used for radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 1414 of this Convention, as the case may be, shall apply. 45. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 56. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this AgreementConvention. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State and beneficially owned by a the resident of the other Contracting State may shall be taxed taxable only in that other State. 2. HoweverThe term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, such royalties may also be taxed in or the Contracting State from which they are derived and according right to the laws use, any copyright of that Stateliterary, but if the beneficial owner of the royalties is a resident of the other Contracting Stateartistic or scientific work including cinematograph films, the tax so charged shall not exceed 12.5% of the gross amount of the royaltiesany patent, trade ▇▇▇▇, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner recipient of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other State independent personal services from a fixed base place situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed baseplace. In such a case, case the provisions of Article 7 8, or Article 14, as the case may be, 15 of this Agreement shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivision, a local authority or a resident of that the Contracting State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base place in connection with which the liability to pay the royalties was incurred incurred, and such royalties are borne by such permanent establishment or fixed baseplace, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base place is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner recipient or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner recipient in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇. ▇▇ this Article the term "royalties" means payments of any kind received as consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.

Royalties. 1. Royalties derived from arising in a Contracting State by and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State from in which they are derived arise and according to the laws of that State, but if the recipient is the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 12.5% of the gross amount of the royalties. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has carries on business in the other Contracting State in which the royalties arise arise, through a permanent establishment situated therein therein, or performs in that other Contracting State independent personal services from a fixed base situated therein therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such a case, case the provisions of Article 7 or Article 14, as the case may be, shall apply. 4. Royalties shall be deemed to be derived arise in a Contracting State where when the payer is that State itself, a political subdivisionsubdivision (in case of Nigeria), a local authority authority, a statutory body or a resident of that State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay right or property in respect of which the royalties was incurred are paid is effectively connected, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 5. Where, owing to by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that such case, the excess part of the payment payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. 6. The provisions of this Article shall not apply if the a right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons. ▇7. ▇▇ this In the Article the term "royalties" means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including work, any cinematograph films and films or tapes used for radio and television broadcasting, any patent, trade ▇▇▇▇mark, design, model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, equipment or for information concerning industrial, commercial or scientific experience.