Royalty Rate Adjustment. If licenses to dominant Third Party patents (that is, patents that claim the Licensed Enzyme Product or its manufacture or use) are required for Acorda or its Affiliates to research, develop, make, have made, use, sell, offer for sale, have sold, import, export, lease and otherwise exploit Licensed Enzyme Products in the Licensed Territory, Acorda may deduct, from the royalty amount payable by Acorda to Institutions, up to [***] of the royalty amounts owed the Third Party under such licenses, provided that in no event shall Institutions receive less than [***] of the aggregate Net Sales of Licensed Enzyme Products Sold by Acorda and/or its Affiliates in the Licensed Territory.
Royalty Rate Adjustment. The rates set forth in Sections 6.3.1 and 6.3.2 shall be reduced by [*] (to [*]%, [*]%, and [*]%, and [*]%, respectively) with respect to Net Sales of a Collaboration Product in a particular country in which, and during such time as, a Generic Product of such Collaboration Product has been launched and is then offered for sale by a Third Party in such country.
Royalty Rate Adjustment. The royalty rates payable pursuant to Section 6.3.1 (Royalty Rates) above would be reduced on a Licensed Product-by-Licensed Product, and country-by-country basis, [***] on each Licensed Product (a) that is not Covered by a Valid Claim of any Licensed Patent or Derived Patent, or (b) for which any period of Regulatory Exclusivity had lapsed, in each case in such country.
Royalty Rate Adjustment. The first paragraph of Section 12.1(b) of the U.S. Agreement (including the royalty rate table) is hereby deleted and replaced with the following paragraph and table:
Royalty Rate Adjustment. In the event that in any given calendar year during the effective term of this Agreement, the cumulative Net Sales of all royalty-bearing Licensed Products sold throughout the Territory which are cosmetic products exceeds [ * ], the applicable royalty rate for sales of such royalty-bearing, cosmetic Licensed Products in excess [ * ] for the remainder of such calendar year only shall be [ * ]. * MATERIAL HAS BEEN OMITTED PURSUANT TO A GRANT OF CONFIDENTIAL TREATMENT. SUCH MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Royalty Rate Adjustment. If licenses to dominant Third Party patents (that is, patents that claim the Licensed Enzyme Product or its manufacture or use) are required for Acorda or its Affiliates to research, develop, make, have made, use, sell, offer for sale, have sold, import, export, lease and otherwise exploit Licensed Enzyme Products in the Licensed Territory, Acorda may deduct, from the royalty amount payable by Acorda to Institutions, up to fifty percent (50%) of the royalty amounts owed the Third Party under such licenses, provided that in no event shall Institutions receive less than one and one-half percent (1.5%) of the aggregate Net Sales of Licensed Enzyme Products Sold by Acorda and/or its Affiliates in the Licensed Territory.
Royalty Rate Adjustment. For any Product sold by or on behalf of Licensee, its Affiliates or any Sublicensee in any country where the sale of such Product is neither (i) Covered by a Valid Claim nor (ii) subject to Regulatory Exclusivity, but is subject to Generic Competition, the royalty otherwise payable to Licensor under this Section 4.4 shall thereafter be reduced in such country for such Product by [***] percent ([***]%); provided, however, that Licensee shall not reduce the amount of the royalties paid to Licensor under this Section 4.4 by reason of this Section 4.4.6, with respect to sales of such Product in such country, to a royalty rate of less than [***]%. The parties acknowledge that the payment of a royalty based on sales of Products not Covered by any Valid Claim constitutes consideration for access to Licensed Know-How Rights which the parties believe will facilitate the development of Products by Licensee, its Affiliates and/or Sublicensees.
