Third Party Royalty Stacking Provision Sample Clauses
Third Party Royalty Stacking Provision. If Licensee must obtain a license from a Third Party to avoid infringement of such Third Party’s rights in order to manufacture, use or commercialize a given Licensed Product in the AAV9 Field and if the royalties required to be paid to such Third Party for such license, together with those royalties payable to Licensor, in the aggregate, exceed **** of Net Sales for any Licensed Product in the AAV9 Field, then the royalty owed to Licensor for that Licensed Product will be reduced by an amount calculated as follows: ****Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Third Party Royalty Stacking Provision. If Licensee must obtain a license from a Third Party to avoid infringement of such Third Party’s rights in order to manufacture, use or commercialize a given Licensed Product in the AAV9 Field and if the royalties required to be paid to such Third Party for such license, together with those royalties payable to Licensor, in the aggregate, exceed **** of Net Sales for any Licensed Product in the AAV9 Field, then the royalty owed to Licensor for that Licensed Product will be reduced by an amount calculated as follows: ****Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. R = (C * (A/ (A+B)) Where R = reduction of Licensor royalty, A = unreduced Licensor royalty, B = sum of all Third Party royalties, C = increment of projected total royalty above **** Example Calculation:
assume i) all Third Party royalties = ****