Common use of Third Party Royalties Clause in Contracts

Third Party Royalties. If the Manufacturing, Development or Commercialization of the Product by the Parties in accordance with this Agreement would, but for a license from such Third Party, infringe on such Third Party Patents, any royalties or other payments due to Third Parties pursuant to a license acquired by Auxilium then the royalty may be reduced by up to [**]% of such royalty to compensate for payments to such Third Parties but in no event shall royalties payable to BTC be reduced by more than [**] percent ([**]%) in any case.

Appears in 3 contracts

Sources: Development, Commercialization and Supply Agreement (Auxilium Pharmaceuticals Inc), Development, Commercialization and Supply Agreement (Auxilium Pharmaceuticals Inc), Development and License Agreement (Auxilium Pharmaceuticals Inc)

Third Party Royalties. If the Manufacturing, Development or Commercialization of the Product by the Parties in accordance with this Agreement would, but for a license from such Third Party, infringe on such Third Party Patents, any royalties or other payments due to Third Parties pursuant to a license acquired by Auxilium then the royalty may be reduced by up to [**]% of such royalty to compensate for payments to such Third Parties but in no event shall royalties payable to BTC be reduced by more than [***] percent ([**]%) in any case.”

Appears in 1 contract

Sources: Development and License Agreement (Auxilium Pharmaceuticals Inc)

Third Party Royalties. If the Manufacturing, Development or Commercialization of the Product by the Parties in accordance with this Agreement would, but for a license from such Third Party, infringe on such Third Party Patents, any royalties or other payments due to Third Parties pursuant to a license acquired by Auxilium then the royalty may be reduced by up to [**]% by such the royalty amounts to a floor of such royalty to compensate for payments to such Third Parties but in no event shall royalties payable to BTC be reduced by more not less than [**] three percent ([**]%) % in any case.

Appears in 1 contract

Sources: Development and License Agreement (Auxilium Pharmaceuticals Inc)

Third Party Royalties. If the Manufacturing, Development or Commercialization of the Product by the Parties in accordance with this Agreement would, but for a license from such Third Party, infringe on such Third Party Patents, any royalties or other payments due to Third Parties pursuant to a license acquired by Auxilium then the royalty may be reduced by up to [**]% X% by such the royalty amounts to a floor of such royalty to compensate for payments to such Third Parties but in no event shall royalties payable to BTC be reduced by more not less than [**] X percent ([**]%X%) in any case.

Appears in 1 contract

Sources: Development and License Agreement (Biospecifics Technologies Corp)

Third Party Royalties. If the Manufacturing, Development or Commercialization of the Product by the Parties in accordance with this Agreement would, but for a license from such Third Party, infringe on such Third Party Patents, any royalties or other payments due to Third Parties pursuant to a license acquired by Auxilium then the royalty may be reduced by up to [**]% by such the royalty amounts to a floor of such royalty to compensate for payments to such Third Parties but in no event shall royalties payable to BTC be reduced by more not less than [**] percent ([**]%) % in any case.

Appears in 1 contract

Sources: Development and License Agreement (Auxilium Pharmaceuticals Inc)

Third Party Royalties. If the Manufacturing, Development or Commercialization of the Product by the Parties in accordance with this Agreement would, but for a license from such Third Party, infringe on such Third Party Patents, any royalties or other payments due to Third Parties pursuant to a license acquired by Auxilium then the royalty may be reduced by up to [***]% of such royalty to compensate for payments to such Third Parties but in no event shall royalties payable to BTC be reduced by more than [***] percent ([***]%) in any case.

Appears in 1 contract

Sources: Development and License Agreement (Biospecifics Technologies Corp)