Sale of the Product definition
Examples of Sale of the Product in a sentence
Upon a Sale of the Product, or at such time as Licensing Revenue become due to the Contractor with respect to the Product, Contractor agrees to pay to NYSERDA: (i) one percent (1%) of the Sales Revenue and of all License Revenue accruing to the Contractor.
Should Contractor provide to NYSERDA a copy of a proposed licensing or franchise agreement under subsection (g), NYSERDA agrees to negotiate, upon Contractor’s execution of such licensing or franchise agreement, a modification of the Licensing Revenue terms in subsections (a)(i) and (b)(i) such that the amount of payment due to NYSERDA by Contractor will approximate the amount that would have been due upon a Sale of the Product.
This Agreement is entered into as of the date of signing and, unless earlier terminated pursuant to Section 20, shall continue in full force and effect until the longer of (a) 15 years after the date of the First Commercial Sale of the Product in the Territory, (b) the commercial introduction of an Equivalent Product (as such term is defined in Section 1.25, above) to the Product in the Territory, or (c) the expiration of the last to expire of the Patents.
After the First Commercial Sale of the Product the JSC shall be disbanded.
The Royalty Payments shall be payable during the period commencing on the date of the First Commercial Sale of the Product in a country until the expiration of the last to expire Valid Claim of a Transferred Patent or any other patent issued after the date hereof covering the use or sale of the applicable Product in such country (the “Product Patent Rights”) (such period being the “Royalty Term” for the Product in such country).
Subject to the terms and conditions of this Agreement and as specifically set forth in this Section 7.8, NGM (itself or through its Affiliate) shall have the option to Co-Detail the Product with Merck in the Co-Detailing Territory following First Commercial Sale of the Product in the Co-Detailing Territory.
This Agreement will come into full force and effect on the Effective Date and will remain in full force and effect on a country-by-country basis until the fifteenth (15th) anniversary of the First Commercial Sale of the Product in the SIIPL Territory, unless earlier terminated pursuant to the terms of this Agreement (the “Term”).
Perrigo shall not engage any Third Party as a distributor or reseller of the Products in the Territory or permit a Third Party to engage directly or indirectly in the Sale of the Product (by way of license or otherwise), but shall itself engage in all the required sales, marketing and distributing activities in respect to the Product.
Exploitation of a Product is no longer Covered by a Valid Claim of a Licensed Patent in such country, (b) the loss of Regulatory Exclusivity for the Product in such country, and (c) the tenth (10th) anniversary of the First Commercial Sale of the Product in such country (the “Royalty Term”).
Except where expressly provided otherwise in this Agreement, all royalties shall be calculated from the date of the First Commercial Sale of the Product until the later (the “Royalty Expiration Date”) of (i) ten (10) years from the First Commercial Sale of Product and (ii) the last to expire of any Patent which includes a Valid Claim applicable to the Product in the Territory.