Benchmark Payments definition
Examples of Benchmark Payments in a sentence
KSA expressly acknowledges and agrees that none of the Benchmark Payments set forth in this Section shall be credited against any Earned Royalties described in Section 4.3 below or against any royalty obligations under the Primary Sublicense Agreement.
Notwithstanding the foregoing, in the event that a breach is related to the payment of any amounts owed to Licensor hereunder, including Royalties, Benchmark Payments, Licensor Sublicense Income or Cash Funding, the applicable cure period shall be twenty (20) Business Days, after which time, Licensor may terminate this Agreement and all licenses it has granted hereunder.
For clarity, the delivery of SSRS Systems and SSRP Systems (the orders for which may have triggered the Benchmark Payments described above) will also be included in the calculation of the Earn-Out Payments hereunder.
Notwithstanding the foregoing, in the event that a breach is related to the payment of amounts owed to Licensor hereunder, including but not limited to, Royalties, Benchmark Payments and/or Cash Funding, the applicable cure period shall be twenty (20) Business Days, after which time, Licensor may terminate this Agreement and all licenses it has granted hereunder.