Royalty Deductions. Anti-stacking provisions will not apply to the calculation of royalties as noted above, unless it is necessary or useful for Novartis to acquire a royalty-bearing license from a Third Party to patented intellectual property of such Third Party, in order to use the Emisphere Technology. In such event, Novartis may deduct from the royalties payable to Emisphere pursuant to Article 6.1(f) above no more than *** of such royalties payable to such Third Party, however the royalty payable to Emisphere shall not be lower than *** of the amounts as outlined in the table in Article 6.1(f).
Royalty Deductions. Getty Images may deduct the following amounts from the Royalties payable to you (together the “Royalty Deductions”): (a) advances on earnings or royalties under any agreement with Getty Images; (b) Royalties paid in connection with a license later cancelled, where the original sale has been reported in a current or past sales report (“Sales Report”) including where due to a fraudulent transaction; (c) overpayment of Royalties in a prior Royalty period; and (d) amounts that may be deducted or withheld in accordance with Section 2.2
Royalty Deductions. (i) Subject to Section 4.5(d)(iii), on a Product-by-Product and country-by-country basis, if during the Term, there is no Valid Claim of an NRx Patent in such country that claims the composition of matter of such Product in such country, then, commencing in the first Quarterly Period after the date on which this Section 4.5(d)(i) applies and during the period of the Term in which no such Valid Claim of an NRx Patent exists, the amounts payable by Alvogen pursuant to this Section 4.5 for such Product in such country will be reduced by [*] percent ([*]%).
Royalty Deductions. Notwithstanding anything to the contrary herein, in no event will the combined effect of all reductions to Net Sales or the royalties payable to Vertex under Sections 5.2.2 and 5.2.4 reduce the royalty payable by Merck to Vertex under this Section 5.2 for any Product in any country during a Calendar Quarter to less than [***] of the amount that would otherwise be due under Section 5.2.1. Merck will be entitled to carry forward to subsequent Calendar Quarters any amounts with respect to which Merck would have been entitled to make a deduction pursuant to Sections 5.2.2 and 5.2.4 but is unable to take such deduction pursuant to the first provision in this Section 5.2.6. For the avoidance of doubt, no royalty floor shall apply to any reduction set forth under Section 5.2.3.
Royalty Deductions. Novartis may reduce the royalty payments to Company on Net Sales of any given Collaboration Product in a given Calendar Year by [ * ] of [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. the amount of the sum of [ * ] plus the [ * ] so long as royalty payments from Novartis to Company are not less than [ * ] of the aggregate amount of Net Sales of each Collaboration Product within the Fixed Royalty Territory in such Calendar Year. If any portion of the amount of such payments entitled to be deducted by Novartis from royalties are not deducted by reason of the operation of the limitations set forth in the last proviso of the preceding sentence, such portion will be carried over and deducted against subsequent royalty payments until the full amount that Novartis would have been entitled to deduct but for the operation of such limitations is deducted.
Royalty Deductions. During the Royalty Term, Sanofi shall have the right to deduct from any royalty payment made to Regeneron pursuant to Section 8.1(a) with respect to a country in the Sanofi Territory in any given Calendar Quarter [* * *] percent ([* * *]%) of 41 any payments in respect of the Praluent Compound that are owed by Sanofi [* * *]; provided, however, that the foregoing shall not apply to any payments owed by Sanofi [* * *] with respect to which Regeneron has already borne or reimbursed [* * *] percent ([* * *]%) under Section 14.1(c)(i)(B) of this Agreement. Subject to Section 14.1(c), Sanofi shall bear [* * *] percent ([* * *]%) of any other payment owed by Sanofi, its Affiliates or its or their Sublicensees [* * *] under any New Sanofi License, or any other license or settlement, entered into by Sanofi, its Affiliates or its or their Sublicensees in connection with their Development, Manufacture or Commercialization of any Praluent Royalty Product under this Agreement or otherwise.
Royalty Deductions. Royalties shall be paid without deductions for costs of producing, gathering, treating, compressing, transporting or otherwise making production ready for sale. Oil shall be delivered free of cost into the tank, or pipeline, and gas shall be delivered free of cost into the pipeline. Lessor is responsible for any severance and/or other taxes assessed on royalties. The lessee will make continuous payments to the lessor ninety (90) days after the lessee is in receipt of funds from the well being put in production. The payments will continue as long as the well is deemed profitable above and beyond expenses by the lessee or is considered a shut-in well as stipulated in the written lease. DRILL SITE DAMAGES In lieu of actual damages, Lessee agrees to pay to Lessor, as liquidated damages, the sum of Two Thousand Five Hundred Dollars ($2,500.00) for each drill site located on the leased premises. Any said drill site shall not exceed three (3) acres each.
Royalty Deductions. [***] ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Royalty Deductions. No Royalty Deductions have been applied to the Relevant Royalty Payments other than (A) Royalty Deductions pursuant to Section 6.5.1(e) of the License Agreement in respect of Relevant Products (or the Net Sales thereof) and (B) Royalty Deductions as described in Section 2(e) of Part A of the Disclosure Document in respect of Relevant Products (or the Net Sales thereof). To the Knowledge of Seller, no event or condition exists that would permit the Licensee to claim any Royalty Deduction against payment of the Relevant Royalty Payments to Seller other than Royalty Deductions pursuant to Section 6.5.1(e) of the License Agreement in respect of the Relevant Products (or the Net Sales thereof). [***]. Other than in respect of the Royalty Deductions described in the three preceding sentences of this Section 4.9(i), Seller has not received any written notice (or, to the Knowledge of Seller, any other notice or communication) from the Licensee expressing an intention by the Licensee to take any Royalty Deductions or otherwise offset, credit against, reduce or deduct from the Receivables because of any amount owed or claimed owed from Seller to the Licensee.
Royalty Deductions a. Subject to Section 8.5.2d, on a country-by-country basis in the DRL Transferred Territory, following the expiration of the last-to-expire Valid Claim of the Licensed Patent Rights and Joint Patent Rights that Covers the Final Product in such country, DRL may reduce the applicable royalty rate in Section 8.5.1 with respect to Net Sales of Final Product in such country by [***].
