Examples of Additional Third Party License in a sentence
Pieris’ share of the total costs of such Additional Third Party License shall not reduce Pieris’ Gross Margin Payment by more than [***] percent ([***]%) of the Gross Margin Payment otherwise due to Pieris in any Calendar Quarter, provided that reductions to Gross Margin Payments under this Section 9.7.2 not exhausted in one Calendar Quarter may be carried forward to the next Calendar Quarter.
Prior to executing any Additional Third Party License, Terns shall discuss and consult with Lilly regarding such Additional Third Party License; provided that Terns retains full discretion over the decision to enter into, and the final terms of, any such Additional Third Party Licenses.
Pieris’ share of the total costs of such Additional Third Party License shall not reduce Pieris’ Royalty by more than [***] percent ([***]%) of the Product Royalty otherwise due to Pieris in any Calendar Quarter, provided that reductions to Royalty Payments under this Section 9.7.2 not exhausted in one Calendar Quarter may be carried forward to the next Calendar Quarter.
Amounts payable under any such Additional Third Party License will reduce Pfizer’s royalty obligations under this Agreement as and to the extent provided in Section 3.5.3(a).
Any payment made to such a Third Party or any additional payment made to ADLS in order to obtain such rights shall be treated as a payment made for an Additional Third Party License pursuant to Section 5.3.4.
Notwithstanding any provision to the contrary in this Agreement, in the event an Additional Third Party License is obtained as a result of a breach of any representation, warranty or covenant by Licensor hereunder and Pfizer seeks to reduce more than [***] of the royalty amounts otherwise payable for the applicable Licensed Product in such Pfizer Quarter as a result of amounts payable pursuant to such Additional Third Party License, then [***].
Notwithstanding any provision to the contrary in this Agreement, in the event a BioShin Additional Third Party License is obtained as a result of a breach of any representation, warranty or covenant by Licensor hereunder and Pfizer seeks to reduce more than [***] of the royalty amounts otherwise payable for the applicable Licensed Product in such Pfizer Quarter as a result of amounts payable pursuant to such Additional Third Party License, then [***].
Any such agreement between the Parties should be effective prior to or concurrently with the execution of the Additional Third Party License.
Notwithstanding the foregoing, if the royalty rates have been reduced in a given country due to a BMS Patent Right no longer covering the Licensed Product, then no additional offset for Additional Third Party License payments will be allowed for such country.
The percent of the Initial Target Bonus Opportunity earned for ROI for an Award Year shall be determined by the Plan Administrators based upon the percentile ranking of the Company.