RUNNING ROYALTY AFTER PATENT TERM OF USE PATENT RIGHTS Sample Clauses

RUNNING ROYALTY AFTER PATENT TERM OF USE PATENT RIGHTS. (a) Upon the expiration of EP 257626 or any other European use patent that is subsequently added to the Patent Rights on the use of D-Tagatose and covers LICENSEE's use of Licensed Product in the European Union, should LICENSEE continue in the European union (as then constituted) to manufacture D-tagatose, but by a process that is not covered by any claim of any European patent of the Patent Rights, the running royalty for sales made within the European Union (as constituted at the time of such sale) shall continue for the remaining term of this Agreement from the later of the date of expiration of EP 257626 or any subsequent European use patent. The sale of any quantities of Licensed Product subject to royalty pursuant to this Section shall not be included in determining the royalty rate due for other sales of Licensed Product subject to royalty pursuant to this section shall not be included in determining the royalty rate due for other sales of Licensed Product pursuant to Section 4.2. (b) Upon the expiration of U.S. Patent 4,786,722 or any other U.S. patent that is subsequently added to the Patent Rights on use of D-tagatose, and covers LICENSEE's use of Licensed Product outside the European Union, (as constituted at the time of such use), should LICENSEE continue outside the European Union to manufacture D-tagatose, but by a process that is not covered by any claim of any United States patent of the Patent Rights, the running royalty for sales made outside the European Union (as constituted at the time of such sale) shall continue for the remaining term of this Agreement from the later of the date of expiration of U.S. Patent 4,786,722, or any subsequently added U.S. use patent. The sale of any quantities of Licensed Product subject to royalty pursuant to this Section shall not be included in determining the royalty rate due for other sales of Licensed Product pursuant to Section 4.2. 4.3.2 For the purpose of this Agreement, royalty shall be based on the location of the manufacturer regardless of the place where the Licensed Product may thereafter be sold, resold or used.