Single Royalty; Non-Royalty Sales. Only one royalty shall be payable with respect to any Product, regardless of how many claims or patents within the Licensed Technology cover such Product. In addition, no royalty shall be payable under this Article 4 with respect to sales of Products among Licensee and its Affiliates and/or Sublicensees and their Affiliates or for use in research and/or development or clinical trials.
Single Royalty; Non-Royalty Sales. No royalty shall be payable under Section 3.4.1 above with respect to sales of the Licensed Product among GSK, its Affiliates and sublicensees for resale to a Third Party. In no event shall more than one such royalty be due Unigene hereunder with respect to the sale of each Licensed Product, even if such Licensed Product is covered by more than one Valid Claim within the Unigene Formulation Patent Rights.
Single Royalty; Non-Royalty Sales. In the event that more than one Valid Claim(s) within the Licensed Patents is applicable to any Licensed Product subject to royalties under this Section 4, then only one royalty shall be paid to Corixa in respect of such Licensed Product. It is understood that royalties shall only be payable under this Section 4 with respect to sales of Licensed Products that would, but for the license granted hereunder, infringe a Valid Claim in the country in which such Licensed Product is sold or manufactured. In no event shall more than one royalty be due hereunder with respect to any Licensed Product unit.
Single Royalty; Non-Royalty Sales. It is understood that in no event shall more than one royalty be payable under Section 3.3 with respect to a particular unit of Licensed Product. No royalty shall be payable under this Article 3 with respect to sales of Licensed Products among Licensee, its Affiliates, Permitted Sublicensees and their Affiliates (provided that such sales are for the purpose of facilitating resales to Third Parties), but a royalty shall be due upon the subsequent sale of the Licensed Product to a Third Party. No royalty shall be payable for (i) Licensed Product used in clinical trials, or (ii) Licensed Product used by Licensee, its Affiliates or Permitted Sublicensees for research, or (iii) customary quantities of Licensed Product distributed as free samples.
Single Royalty; Non-Royalty Sales. In the event that a Licensed Product or Buck Licensed Product would be subject to two or more of the royalty provisions in Sections 3.5 above (e.g., in the event a Licensed Product or Buck Licensed Product is covered by multiple Valid Claims, some of which are composition of matter claims and some of which are not), only a single royalty shall be paid to Mayo with respect to such Licensed Product or Buck Licensed Product, that royalty being the highest of the royalties applicable to such Licensed Product or Buck Licensed Product. It is understood that royalties under Section 3.5(c) shall only be payable with respect to Licensed Products or Buck Licensed Products whose sale would infringe a Valid Claim of the Licensed Patents or Buck Licensed Patents covering the composition of matter of such Licensed Product or Buck Licensed Product in the country for which such Licensed Product or Buck Licensed Product is sold. In no event shall more than one royalty be due hereunder with respect to any Licensed Product (or Buck Licensed Product) unit; nor shall a royalty be payable under this Article 3 with respect to sales of Licensed Products or Buck Licensed Products at cost for use in research and/or development, in clinical trials or as samples. is hereby amended to read as follows;
Single Royalty; Non-Royalty Sales. No royalty shall be payable under Section 5.5.1 above with respect to sales of Agreement Products among SPL, its Affiliates and Sublicensees for resale; however, a royalty shall be payable upon such resale by SPL’s Affiliates and Sublicensees to any Third Party. In no event shall more than one royalty be due hereunder with respect to any Agreement Product unit even if covered by more than one patent included in the Pharmacopeia Technology or Collaboration Technology. For purposes of clarity and avoidance of doubt, the Parties acknowledge and agree that under no circumstances will any royalty ever be payable under Sections 5.5.1(i) or 5.5.1(ii) with respect to sales of any Agreement Product resulting from an independent screening programs conducted by SPL pursuant to Section 2.11. No royalties shall accrue on the disposition of any Agreement Product in reasonable quantities by SPL, its Affiliates or its Sublicenses as (i) samples (promotional or otherwise), (ii) donations (for example, to non-profit institutions or government agencies for a non-commercial purpose), (iii) for use in clinical studies, or (iv) free of charge in compassionate use and/or indigent care programs.
Single Royalty; Non-Royalty Sales. In the event that more than one patent within the Patent Rights is applicable to any Licensed Product subject to royalties under this Article 4, then only one royalty shall be paid to SKCC in respect of such Licensed Product. It is understood that royalties shall only be payable under this Article 4 with respect to Licensed Products whose manufacture or sale would infringe a Valid Claim in the country for which such Licensed Product is made or sold. No royalty shall be payable under Section 4.2 above with respect to sales of Licensed Products among Licensee and Affiliates for resale; and in no event shall more than one royalty be due hereunder with respect to any Licensed Product unit; nor shall a royalty be payable under Section 4.2 with respect to sales of Licensed Products for use in research and/or development, in clinical trials or as samples.
Single Royalty; Non-Royalty Sales. No royalty shall be payable under Section 3.1 above with respect to sales of the Collaboration Product among Fuso, its Affiliates and Sublicensees for resale. In no event shall more than one such royalty be due GenVec hereunder with respect to any Collaboration Product.
Single Royalty; Non-Royalty Sales. (i) In the event that a Licensed Product or Buck Licensed Product would be subject to two or more of the royalty provisions in Sections 3.5 above (e.g., in the event a Licensed Product or Buck Licensed Product is covered by multiple Valid Claims, some of which are composition of matter claims and some of which are not), only a single royalty shall be paid to Mayo with respect to such Licensed Product or Buck Licensed Product, that royalty being the highest of the royalties applicable to such Licensed Product or Buck Licensed Product.
Single Royalty; Non-Royalty Sales. In the event that more than one Valid Claim within the Patent Rights is applicable to any Licensed Product subject to royalties under this Section 5.4, then only one royalty shall be paid to VirRx with respect to such Licensed Product. It is understood that royalties shall only be payable under this Section 5.4 with respect to Licensed Products whose manufacture, sale or use would infringe a Valid Claim in the country for which such Licensed Product is sold. In no event shall more than one royalty be due hereunder with respect to any Licensed Product unit; nor shall a royalty be payable under Section 5.4(a) with respect to sales of Licensed Products for use in research and/or development, in clinical trials or as samples. Notwithstanding Section 5.4(a) above, no royalty shall be due hereunder with respect to transfers of Licensed Products for use in clinical trials, development or other transactions that are not a full commercial sale.
