Royalty on Products. BMS will pay to Ambrx a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory based on the Net Sales tiers and royalty rates as set forth in the table below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.4). Annual Net Sales (Determined Separately for Each Product) Base Royalty Rate for Product Containing ARX618 Base Royalty Rate for Product Not Containing ARX618 [***] [***] [***] [***] [***] [***] [***] [***] [***] For clarity, the Net Sales thresholds in the table above shall be determined on a Product-by-Product basis. By way of example, if the aggregate Net Sales of a Product containing ARX618 in the Territory in a particular Calendar Year are [***] the amount of royalties payable hereunder shall be calculated as follows (subject to any applicable reductions under this Section 8.4): [***].
Royalty on Products. BMS will pay to Ambrx a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory based on the Net Sales tiers and royalty rates as set forth in the table below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.4). Annual Net Sales (Determined Separately for Each Product) Base Royalty Rate [***] [*** ] ***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. [***] [*** ] [***] [*** ] For clarity, the Net Sales thresholds in the table above shall be determined on a Product-by-Product basis. By way of example, if the Net Sales of a Product in the Territory in a particular Calendar Year are [***] the amount of royalties payable hereunder shall be calculated as follows (subject to any applicable reductions under this Section 8.4): [***]. Notwithstanding the foregoing, in each country where there is no Valid Claim of the Ambrx Patents that would be infringed by the sale of such Product in such country absent a license with respect to such Ambrx Patent under this Agreement, then the Base Royalty Rate (subject to any offsets or reductions set forth below in this Section 8.4) as applied to the sale of such Product in each such country shall be reduced by [***] (i.e., the Base Royalty Rate shall be [***] the rates set forth in the table above).
Royalty on Products. EyeTech shall pay Gilead a royalty payment on Net Sales of Products that are made or sold during the Royalty Term and that are sold by EyeTech, its Affiliates or sublicensees (the "Royalty") according to the following rates, as adjusted in accordance with Sections 3.3(b) below:
Royalty on Products. Roche shall pay Gilead a royalty payment on Net Sales of Product sold by Roche, its Affiliates or licensees (the "Royalty") according to the following rates, as adjusted in accordance with subsections (c), (d), (e) and (f) below:
Royalty on Products. During the Term of this Agreement, Kidde agrees to pay USGN, a royalty payment on Equivalized Gallons of Product Sold during a Kidde Fiscal Quarter (as defined in Section 6.4 below) by Kidde, its Affiliates and sublicensees (the "Royalty"), according to the following rates, as may be adjusted in accordance with subsection (b) below:
Royalty on Products. BMS will pay to CytomX a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory in the Field based on the Net Sales tiers and royalty rates as set forth in the table below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.5). Table 2 Base Royalty Rate Portion of Total Annual Net Sales in the Territory (Determined Separately for Each Product) [***]% Up to and equal to $1 billion; [***]% Greater than $1 billion and less than or equal to $2 billion; [***]% Greater than $2 billion and less than or equal to $3 billion; [***]% Greater than $3 billion and less than or equal to $4 billion; [***]% Greater than $4 billion and less than or equal to $5 billion; and [***]% Greater than $5 billion. For clarity, the Net Sales thresholds in the table above shall be determined on a Product-by-Product basis. By way of example, if the total annual Net Sales of a Product in the Territory in a particular Calendar Year are $2.8 billion, the amount of royalties payable hereunder shall be calculated as follows (subject to any applicable reductions under this Section 8.5): ([***]% x $1 billion) + ([***]% x $1 billion) + ([***]% x $800 million) = $[***] million. Notwithstanding the foregoing, subject to the last sentence of clause 8.5(f) below, in each country where there is no Valid Claim of the Product Specific Patents or CytomX Patent Rights that would be infringed by the sale of such Product in such country absent a license with respect to such Product Specific Patents or CytomX Patent Right under this Agreement, then the Base Royalty Rate (subject to any offsets or reductions set forth below in this Section 8.5) as applied to the sale of such Product in each such country shall be reduced by fifty percent (50%) (i.e., the Base Royalty Rate shall be 1⁄2 the rates set forth above in Table 2 above).
Royalty on Products. EyeTech shall pay CMI a royalty payment on Net Sales of Products that are made or sold during the Royalty Term and that are sold by EyeTech, its Affiliates or sublicensees (the "Royalty") according to the following rates, as adjusted in accordance with Sections 3.3(b) below: THERAPEUTIC PRODUCTS (BOTH MURINE AND HUMANIZED FORMS):
Royalty on Products. Subject to the other provisions of this Article 6 and other provisions of this Agreement and in consideration of the licenses granted by Trellis to ContraFect hereunder to the Trellis Technology, in countries where the sale of the Product is covered by a Valid Claim, ContraFect shall pay to Trellis a four percent (4%) royalty on the Net Sales of each Product covered by a Valid Claim during the Royalty Term for such Product.
Royalty on Products. BMS will pay to CytomX a royalty on Net Sales of Products, on a Product-by-Product basis, by BMS, its Affiliates and Sublicensees in the Territory in the Field based on the Net Sales tiers and royalty rates as set forth in Tables 2a or Table 2b, as applicable, below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.5).
Royalty on Products. Hanmi will pay to RAPT a royalty on Net Sales of Products, on a Product by Product basis, by Hanmi, its Affiliates and Sublicensees in the Territory in the Field based on the Net Sales tiers and royalty rates as set forth in the table below [***], subject to the reductions and offsets as may be applicable as set forth below in this Section. Base Royalty Rate Annual Net Sales (Determined Separately for Each Product) [***] [***] [***] [***] [***] [***]
