Common use of Sold Clause in Contracts

Sold. In the event that a Product is sold in combination as a single product with another product ("Combination Product"), active component or service (which product, component or service is not a portion of the Product) and whose sale and use are not covered by a Valid Claim of the Product in the country for which the combination product is sold, Gross Revenues from such sales for purposes of calculating the amounts due under this Agreement shall be calculated by multiplying the Gross Revenues of that combination by the fraction A/(A+B), where A is the gross selling price of the Product sold separately and B is the gross selling price of the other product, active component or service sold separately. In the event that no such separate sales are made by Licensee or its Sublicensee, Gross Revenues for royalty determination shall be reasonably allocated between the Product and such other product, active component or service, based upon their relative importance and proprietary protection. Without limitation, liposomal compounds, camptothecin and analogues thereof, and aerosol containers (nebulizers) are deemed to be portions of the Product.