Common use of Stacking Protection Clause in Contracts

Stacking Protection. If COMPANY is a party to a license agreement with any third party, which license is employed in connection with the MPG Patent Rights for the manufacture, use and/or sale of a Licensed Product, or the performance and/or sale of a Licensed Service, COMPANY may reduce, on a product-by-product, service-by-service and country-by-country basis, the royalty rate in Section 2.3 by [***]% for each [***]% of royalty rate actually paid to such third party; provided, however, that in no event will the royalty rate otherwise due to MI be reduced by the application of this Section 2.5 to less than [***]%. If such other license includes a royalty stacking provision of like intent to this Section 2.5, the royalty rate reduction provided for in this Section 2.5 will be calculated on a pro-rata basis.