Common use of Royalty Stacking Clause in Contracts

Royalty Stacking. In the event a LICENSEE pays royalties on one or more third party patents (“OTHER ROYALTIES”) as a requirement to make, use or sell a LICENSED PRODUCT, then the LICENSEE may deduct 50% of the amount paid for such OTHER ROYALTY from the ROYALTIES owed to JHU under this AGREEMENT. At no time, however, may the effective ROYALTY rate applicable to a LICENSED PRODUCT that requires OTHER ROYALTIES be less than 50% of the applicable ROYALTY rate as set forth in Exhibit A-2. No deduction under this Section 4.9.2 shall be made for OTHER ROYALTIES paid to an AFFILIATE, division, or corporation sharing a common business location or any corporate officer with LICENSEE or to any SUBLICENSEE.

Appears in 3 contracts

Samples: Exclusive License Agreement (BullFrog AI Holdings, Inc.), Exclusive License Agreement (BullFrog AI Holdings, Inc.), Jhu Agreement Number A40899 (Denali SPAC Holdco, Inc.)

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Royalty Stacking. In the event a LICENSEE LICENSED PARTY pays royalties on one or more third party patents (“OTHER ROYALTIES”) as a requirement to make, use or sell a LICENSED PRODUCT, then the LICENSEE may deduct 50[***]% of the amount paid for such OTHER ROYALTY from the ROYALTIES owed to JHU under this AGREEMENT. At no time, however, may the effective ROYALTY rate applicable to a LICENSED PRODUCT that requires OTHER ROYALTIES be less than 50[***]% of the applicable ROYALTY rate as set forth in Exhibit A-2. No deduction under this Section 4.9.2 4.7.2 shall be made for OTHER ROYALTIES paid to an AFFILIATE, division, or corporation sharing a common business location or any corporate officer with LICENSEE or to any SUBLICENSEE.

Appears in 1 contract

Samples: Certain Confidential (Capricor Therapeutics, Inc.)

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