VALID CLAIMS. Timber to which there exists a claim under valid contracts with the State of Montana is exempted from this sale.
VALID CLAIMS. As of the Effective Date, FMI warrants and represents that it is not in possession of any information that would, in its reasonable opinion, render invalid and/or unenforceable any claims in any issued patent licensed pursuant to this Agreement. FMI has no knowledge of any inventorship disputes concerning any FMI Patent Rights.
VALID CLAIMS. In the event that, after Option Exercise Date, Amgen requests that Xencor bring (or permit Amgen to bring) an enforcement action in any jurisdiction with respect to a Xencor Patent and Xencor refuses to do so, then the claims of such patent will no longer be considered “Valid Claims” hereunder in such jurisdiction.
VALID CLAIMS. All Settlement Class Members who submit a Claim elect a specific benefit, the Settlement Class Member must comply with all terms and conditions of the Settlement, as the election of benefits is irrevocable. Settlement Class Members who are paid by check shall have one hundred twenty (120) days within which to cash those checks. Upon the expiration of that one hundred twenty (120) day time period, any check not cashed within the time period allotted will become void. The voiding of any such check by the passage of time as described in this paragraph shall not serve to invalidate the Release given in Section XII hereof by any Settlement Class Member who failed timely to negotiate his, her, or its check, or the Final Approval Order and Judgment.
VALID CLAIMS. Subject to Section 5.9, for any country in which a Valid Claim covers the Licensed Product, Licensee or its sublicensees shall pay Caltech a royalty of *** percent (***%) of Net Revenues. Royalties due under this Section 5.2 shall be payable on a country-by-country and Licensed Product-by-Licensed Product basis until the expiration of the last-to-expire patent under the Exclusively Licensed Patent Rights covering such Licensed Product in such country.
VALID CLAIMS. 3.4. The per-Unit payment amount for each Valid Claim shall be $0.80, except that such amount shall be reduced pro-rata if the total value of Valid Claims exceeds the amount of the Settlement Fund less items (i) through (iv) in Section 3.3.
VALID CLAIMS against Medical Schemes offering assured payment will become due for payment in terms of MediKredit’s standard procedures if and when MediKredit approved such claim, on condition that:
VALID CLAIMS. With respect to an OpenBiome Royalty Product in a country in the LMIC Territory, upon the expiration of the last-to-expire Valid Claim within the Xxxxx Patents Covering such OpenBiome Royalty Product in such country, the royalty rate for such OpenBiome Royalty Product in such country shall be reduced to [***] for the remainder of the Royalty Term in such country.
VALID CLAIMS. Except as set forth below, royalties will only apply to Net Sales of Licensed Products that are the subject of at least one Valid Claim of any issued patent in the Penn Patent Rights. ****.
VALID CLAIMS. In any Calendar Quarter during the Royalty Term for a Product for which there is no longer a Valid Claim of a Licensed Patent that claims or covers such Product in a country, then (a) during the period of time ending the later of (i) twelve (12) years from the First Commercial Sale of the Product in such country, or (ii) the Regulatory Exclusivity period for the Product in such country, the royalty rate percentage otherwise applicable to the Net Sales of the Product in such country will be reduced in such country by [***] for such Calendar Quarter and thereafter during the Royalty Term; and, (b) following the period in clause (a), where but for the existence of a Valid Claim of a Licensee Patent that claims or covers such Product in a country the Royalty Term would have expired, the royalty rate percentage otherwise applicable to the Net Sales of the Product in such country will be reduced in such country by [***] for such Calendar Quarter and thereafter during the Royalty Term; provided that in no event shall the Royalty Payments for the Product due to Lilly for a given Calendar Quarter be reduced, in aggregate, under this Section 7.8, and Section 7.7 and Section 7.6 in the case of clause (a), by more than [***], or in the case of clause (b), by more than [***], and in no circumstances shall the reductions in clauses (a) and (b) apply simultaneously. For clarity, any excess of a deduction in the Royalty Payments pursuant to this Section 7.8, and Section 7.7 and Section 7.6 shall not be rolled over into the following Calendar Quarter, and any such excess shall not be applied to any other amounts payable hereunder.
