Royalty Increase Clause Samples
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Royalty Increase. Notwithstanding anything to the contrary in this Agreement, in the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges, the amount of the minimum annual fee and the milestone payments and the percentage rate for royalties set forth in Section 3.2 shall be doubled during the pendency of such Challenges from the date the Challenging party first institutes or makes such Challenges and during the pendency of such Challenges, and shall continue to apply after the conclusion of such Challenges in the event that at least one (1) Valid Claim that covers a Licensed Product is held to be valid and enforceable.
Royalty Increase. Notwithstanding Section 3.3, in the event Licensee, an Affiliate, or a Sublicensee directly or indirectly initiates any action or proceeding in or before any court or patent office alleging that (i) any of the Licensed Patent Rights are invalid or unenforceable, or (ii) no royalties, Sublicense Payments, milestone payments, patent costs or other monies are due or required to be paid to TSRI under this Agreement because some or all of the Licensed Patent Rights are invalid or unenforceable (collectively “Challenges”), the royalty rates specified in Section 3.3 shall be increased to the following rates: [***]; provided, however, that such increase shall only be applied to a Licensed Product and/or a Licensed Process covered by the Licensed Patent Right(s) that are the subject of such Challenge (and shall not be applied, for the avoidance of doubt, to a Licensed Product and/or a Licensed Process that is covered by Licensed Patent Rights that are not the subject of such Challenge). Any such increase shall be effective during the pendency of such Challenge from the date Licensee first initiates such Challenge, and thereafter during the term of the Agreement, provided that at least one (1) claim that covers such Licensed Product or Licensed Process within the Licensed Patent Rights being Challenged is held to be valid and enforceable as a result of such Challenge. Licensee (i) agrees that [***].
Royalty Increase. During the period of time commencing on the [***] of the first day of the first full calendar quarter following the approval of an NDA for the Product in the U.S. Territory and ending on the [***] of such date and subject to Section 1.47, the royalty rates specified in Section 7.4(b) shall each be increased by [***] percentage points (i.e., from [***] to [***], from [***] to [***] or from [***] to [***]), provided, however, that no such increase shall apply (i) if there is, or there was previously, on the market in the U.S. Territory [***] a Generic Product [***] or [***] during any period that a Generic Product [***] is approved in the U.S. Territory. For clarity, no increase shall apply under this Section 7.5(a) if there is no Orange Book Listing for the Product.