Stacking Royalties Clause Samples
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Stacking Royalties. To avoid the stacking of royalties that might result if other parties are entitled to royalties from Licensee for Net Sales on the same Licensed Product, if Licensee has obtained or obtains, from any third party any licenses and/or sublicenses for patent rights in order to practice the Patent rights or in order to develop, make, have made, use, offer for sale, sell, import, or provide Licensed Products, then Licensee shall be entitled to credit up to fifty percent (50%) of any actual payments of additional running royalties to such third parties, if any, on Licensed Products against running royalties due hereunder for the Licensed Products in the appertaining country(ies) during the applicable royalty period; provided, however, that, notwithstanding the foregoing, in no event shall the amount payable to University as running royalties on Net Sales of Licensed Products by Licensee, any Affiliate or any sublicense or sub-sublicensee, as the case may be, be reduced to less than one and one-half percent (1.5%) of Net Sales for the subject Licensed Products in any country(ies) during the applicable time period.
Stacking Royalties. With the exception of minimum royalties due to LICENSOR, if LICENSEE, its Affiliates or sublicensees are required to pay royalties relating to any additional intellectual property from LICENSOR in order to exercise its rights hereunder to make, have made, use or sell any Product, then LICENSEE shall have the right to credit a pro-rated portion of such royalty payments against the royalties owing to LICENSOR under Section 4.2 of this Agreement with respect to sales of such Product such that in no event shall the total of royalty payments that are due to LICENSOR in such royalty period exceed the payments payable under Subsection 4.2(a) above. Prorations shall be made in the same manner as specified for combination products under Section 4.9 below.
Stacking Royalties. In the event that it is necessary in order for POINT or its Sublicensee(s) to sell the Product in a Sub-Territory or to obtain a license and to pay royalties to one or more Third Parties on Net Sales of any Product(s), and if the aggregate royalty burden payable on any Product(s) for those Third Party licenses is greater than [***]% of Net Sales, then POINT may reduce the Royalty Fees or Sublicensing Fees due to the Parties for sales of such Product in such Sub-Territory by [***] percent ([***]%) of such necessary royalties actually paid to the Third Party(ies) on Net Sales of Product in such Sub-Territory within the same royalty period.
Stacking Royalties. In the event that Licensee makes a royalty payment to one or more third parties for any patent rights (or know-how rights licensed under the same agreement as such patent rights, but only prior to the expiration of the last valid claim of such patent rights) needed to practice, use, make, sell, offer to sell, import or otherwise exploit any Licensed Product, Licensee would be entitled to deduct from the royalties due to WU up to [***]percent ([***]%) of the royalty Licensee actually pays to such third parties subject to the requirement that the Royalty Rate for the royalties paid to WU hereunder shall not be reduced below [***] percent ([***]%) as a result of any such deductions.
Stacking Royalties. With the exception of minimum royalties due to LICENSOR, if LICENSEE, its Affiliates or sublicensees are required to pay royalties relating to any additional intellectual property from LICENSOR in order to exercise its rights hereunder to make, have made, use or sell any LICENSED PRODUCT, then LICENSEE shall have the right to credit a pro-rated portion of such royalty payments against the royalties owing to LICENSOR under Section 4.2 of this Agreement with respect to sales of such LICENSED PRODUCT such that in no event shall the total of royalty payments that are due to LICENSOR in such royalty period exceed the royalty payments payable under Subsection 4.2(a) above. Prorations shall be made in the same manner as specified for combination products under Section 4.9 below.