Adjustment of Royalties. The Parties acknowledge that the royalties set forth in this Section 3.3 have been set at an […***…].
Adjustment of Royalties. If at any time the Royalty Period is continuing solely because of clause (c) of the definition thereof for a particular Product in a particular country, then the dollar amount of royalties payable in respect of Net Sales of such Product in such country thereafter during the Royalty Period pursuant to Section 6.5(a) shall be reduced by [*] percent ([*]%) from the amount which would have been so payable under this Agreement in the absence of this clause (c).
Adjustment of Royalties. Royalties shall not be adjusted based on any future license or settlement absent written consent of each of Nulaid Foods, Inc., Xxxxxxx Foods and NCSU.
Adjustment of Royalties. The Parties agree to use best efforts to work collaboratively on establishing realistic cashflow models based on actual results of initial ESG Projects, and to adjust the royalty rate downward from fifteen percent (15%) based on those cashflow models, if necessary. ESG will provide detailed data from its own “Initial ESG Projects” listed in Appendix B of this Agreement, in order to better calculate those cashflow models. If the Parties cannot agree on a running royalty rate within 60 days of ESG providing the detailed data from its Initial ESG Projects to Viking, the Parties agree to utilize the dispute resolution procedures set forth in Section 14 of this Agreement to resolve and establish a binding running royalty rate.
Adjustment of Royalties. Distributor shall have the right to decrease the Royalties formula if (i) products similar to the Products have come to market in any particular country of the Territory, and (ii) the total market share of all such products, even if manufactured by different companies, which are similar to any of the Products is thirty percent (30%) or more. The adjustment in the Royalties formula shall be negotiated in good faith between Distributor and Patent Holder. In the event no agreement is reached within ten (10) days after adjustment is requested by Distributor, then the parties shall submit the issue of Royalties formula adjustment, pursuant to this Paragraph 3.03, for final resolution to the American Arbitration Association, in accordance with its Commercial Rules, whose determination shall be final and binding on Distributor and Patent Holder.
Adjustment of Royalties. From and after the expiration of thirty-five (35) years and fifty (50) years from the commencement date of the State Lease ("royalty reopening period") when royalties for such periods payable to the State of Hawaii may be increased, Lessee shall pay to the State the readjusted royalties as required by the State Lease and Geothermal Regulations. Concurrently with the adjustment of the royalty rates under the State Lease at the expiration of the 35th and 50th year, the royalty rates then applicable hereunder shall be increased in the same proportions as the increases in the royalty rates under the State Lease. If it has been determined that Lessor is the owner of the Leased Substances, Lessor and Lessee shall agree upon fair and reasonable royalty rates to be paid to Lessor within ninety (90) days prior to the expiration of the thirty-fifth (35th) and fiftieth (50th) years of this lease and thereafter pursuant to the provisions paragraph 25. If within said 90-day period Lessor and Lessee are unable to reach written agreement with respect to said royalty rates for the respective ensuing portions of the term the matter shall be submitted to arbitration in the manner and as provided in paragraph 9 hereof. In no event shall the royalty rates payable to Lessor be less than the royalty rates paid to Lessor during the preceding portion of the term of this lease.
Adjustment of Royalties. REGI US shall have the right to decrease the Royalties formula if (i) products similar to the Products have come to market in any particular country of the Territory, and (ii) the total market share of all such products, even if manufactured by different companies, which are similar to any of the Products is thirty percent (30%) or more. The adjustment in the Royalties formula shall be negotiated in good faith between REGI US and ANUVU. In the event no agreement is reached within ten (10) days after adjustment is requested by REGI US, then the parties shall submit the issue of Royalties formula adjustment, pursuant to this Paragraph 3.03, for final resolution to the American Arbitration Association, in accordance with its Commercial Rules, whose determination shall be final and binding on REGI US and ANUVU.
Adjustment of Royalties. In the event that products are sold or technology is licensed, or products or technology are used, by a third party in substantial competition with Products being sold by Freedom or its Affiliates, or Moller Intellectual Property being sublicensed by Freedom or its Affiliates, and Freedom establishes that, with respect to such products or technology, no royalty or a lower royalty is being paid by such third party than that being paid pursuant to Section 4.1 or 4.2 hereof, as the case may be, and such fact is a material factor impacting the ability of Freedom or its Affiliates to sell Products or sublicense Moller Intellectual Property at a price sufficient to enjoy a reasonable profit, then Moller and Freedom shall renegotiate the royalty payments to be paid pursuant to Section 4.1 or 4.2 hereof, as the case may be, to such amount as will permit Freedom or its Affiliates to enjoy such a reasonable profit. In the event that the parties have been unable to agree on such renegotiated royalty payments within 90 days after Freedom gives written notice to Moller of Freedom's desire to enter into such renegotiations, the matter of the need for such renegotiation and the amount of such royalty payments shall be submitted to mediation and arbitration pursuant to Section 10.8 hereof.
Adjustment of Royalties. In TERRITORIES in which there is no PATENT protection for PRODUCT, royalties owed by the royalty paying party shall be adjusted to accommodate reduced sales caused by sales of competing product in such TERRITORIES during the ROYALTY PERIOD. For every [x] reduction in NET SALES in such TERRITORIES, the royalty on such NET SALES shall likewise be reduced by [x] of royalties due, not to exceed a total reduction of [x].
Adjustment of Royalties. A determination of invalidity of any claims of the patents that constitute the Intellectual Property Rights does not relieve Licensee from payment of royalties, nor provide any ground for refund of royalties already paid for the practice of any patent claims that have not been adjudicated to be invalid, or for the licensed use of Technology Rights relating to the Licensed Subject Matter. In the event of adjudication of invalidity of any patent claims, Licensee shall be entitled to an adjusted royalty that is reasonably related to the value of the Licensed Subject matter, which shall be negotiated by the parties.
