Royalty Credits. Apple and Apple's Subcontractor will be entitled to --------------- receive credits against its royalty payment obligations based on reconfiguration of Bundles and Reseller and End User returns as follows:
Royalty Credits. P&U may credit the following against the royalties payable to Geron under Section 7.1:
Royalty Credits. Celanese shall have the right to credit against royalties due Symyx pursuant to Section 5.2.1 above with respect to a particular Product, two and one-half million dollars ($2,500,000) of any expenses incurred by Celanese in the Lead Compound evaluation activity directly to develop such Product, subject to the following: (i) Celanese shall provide Symyx documentation, reasonably acceptable to Symyx, of such expenses, and (ii) in any quarter, the royalty due Symyx shall not be reduced by such credit by more than fifty percent (50%) of the amount otherwise due Symyx. The two and one-half million dollar evaluation expense credit referred to above shall be increased annually after July 1, 2000, to reflect changes in the Consumer Price Index, All Consumers, as published by the U.S. Bureau of Labor Statistics using 1998 as the base year.
Royalty Credits. The royalties payable by Athena under Section 5.2 above shall be reduced by the following: (a) a credit for Athena Development Funding through the period covered by the applicable royalty report, less Apollo Development Funding for the same period, up to a maximum net Development Funding credit in that period of [ * ] percent ([ * ]%) of the gross royalty payable by Athena for the period, with any unused amounts carrying forward to subsequent periods; and (b) a credit, during the [ * ], for the license fees paid by Athena under Section 5. I(a) and (b) above, up to a maximum aggregate license fee credit of [ * ] percent ([ * ]%) of such amounts, with any unused amounts carrying forward to subsequent periods.
Royalty Credits. If total royalty payments made by GCOR to make, have made, import, use or sell a Licensed Product (including all royalties paid to non-Affiliated third parties, royalties paid to third parties based on Third Party License Agreements, and royalties paid to EPMN) exceed [...***...] of Net Sales of such Licensed Product in a given calendar quarter, then GCOR shall have the right to credit [...***...] of the amount by which such total royalty payments in such quarter exceed [...***...] of Net Sales of such Licensed Product in such quarter against the earned royalties due to EPMN hereunder; provided that this Section 3.2.2 shall not apply to any Licensed Product that is a Combination Product. For illustrative purposes, certain royalty calculation scenarios are set forth in Appendix C hereof.
Royalty Credits. Two million five hundred thousand dollars ($2,500,000) of the amount paid under Section 6.1 shall be creditable against the royalties payable under Section 6.2. with respect to Net Sales recorded during the thirty (30) month period commencing on September 1, 2002, provided, however, that if Pharmion shall not have relaunched the Product before December 31, 2002 for reasons unrelated to the transfer of the Existing NDA or manufacturing or supply issues, such credit shall be limited to One Million Five Hundred Thousand Dollars ($1,500,000). In addition, if Net Sales for the calendar year 2003 exceed sixteen million dollars (U.S. $ 16,000,000), then an additional one million dollars (U.S. $1,000,000) shall be creditable against the royalties payable under Section 6.2. with respect to Net Sales recorded during the twenty-four (24) month period commencing January 1, 2004.
Royalty Credits. In the event during the term of this Agreement METROLOGIC enters into a license agreement with Olympus Optical Co., Ltd. ("Olympus") for a license under the Japanese equivalent of the licensed SYMBOL Patents (the "Japanese Patents") in connection with the manufacture, use, or sale of METROLOGIC products in Japan covered by such Japanese Patents, and pays to Olympus a royalty for the license of such patents in any reporting period during the term of this Agreement, then to the extent that METROLOGIC has paid to SYMBOL a royalty under any of Sections 5.3 through 5.7 inclusive on the identical units of METROLOGIC products for which METROLOGIC has paid a royalty to Olympus, METROLOGIC may take a credit in U.S. dollars in that reporting period for the amount of royalty paid to Olympus (converted into U.S. dollars, if paid in a currency other than U.S. dollars at the exchange rate on the date of payment), and apply such credit against any sum due to SYMBOL for royalties payable under this Agreement.
Royalty Credits. Licensee shall be allowed to deduct from the royalty payments due to Baxter under Section 3.2 any payments made by it to Baxter pursuant to Section 2.3 of the Asset Purchase Agreement.
Royalty Credits. In the event (i) Kronos accepts the cancellation of any Sublicense and return of the Software from any Kronos customer for which Kronos has paid royalties, or (ii) writes off a bad debt for any nonpayment of a Sublicense for which Kronos has paid royalties within six (6) months from the date of such Sublicense then Kronos may apply any such amounts paid or written off as a credit against future royalties owed to Best and Kronos shall reflect such specific information in the quarterly Royalty Report. In the event that Kronos discovers that it made an overpayment during a previous Quarter, it may adjust such overpayment in a subsequent Quarter, adequately documenting such so that an auditor can understand the reason for such credit. In the event that Kronos does not receive payment from a customer and has to write-off the receivable Kronos gets credit for any associated royalties paid against future royalties owed.
Royalty Credits. In the event that licenses to intellectual property rights of Third Parties are required by Purchaser or its Affiliates or Sublicensees in order to make, have made, import, export, use, distribute, promote, market, offer for sale, or sell any Product, Purchaser or its Affiliates or Sublicensees shall be solely responsible for acquiring such licenses at its sole discretion. On a Product-by-Product basis, in the event that such a license is required, Purchaser shall have the right to reduce any royalty or other payment otherwise due to Seller hereunder (excluding any amounts previously paid to Seller) by [***] of the amount of royalties or payments actually paid by Purchaser, or any of its Affiliates or Sublicensees, to a Third Party under any such license granted by such Third Party; provided, however, that in no event shall the royalties or other payments due to Seller for any Product in any country in any calendar quarter be reduced to less than [***] of the payment otherwise due to Seller hereunder for such Product in such country.
