Compulsory License. If either Party learns that a Third Party has obtained a Compulsory License in any country in the Territory, such Party shall promptly notify the other Party of such occurrence. If the royalty rate payable by the grantee of the Compulsory License is less than the royalty rates applicable in such country set forth in Section 3.3 of this Agreement, then the applicable royalty rates set forth in Section 3.3 of this Agreement shall be reduced to the lower royalty rates applicable in such country pursuant to such Compulsory License for so long
Compulsory License. If in any country a third party obtains a ------------------ Compulsory License, then Lilly shall promptly notify Tularik. If the royalty rate payable by the grantee of the Compulsory License is less than the royalty rates applicable in such country set forth in Section 3.3, then such royalty rates shall be [ * ] for so long as sales are made pursuant to the Compulsory License.
Compulsory License. If a Third Person obtains a Compulsory License (as defined below) in a specific country, then Lilly will promptly notify Licensee thereof. If the royalty percentage(s) payable by the grantee of the Compulsory License is less than the royalty percentage(s) applicable in such country as set forth in Sections 3.2, above, then such royalty percentage(s) will be reduced to the royalty percentage(s) under such Compulsory License for so long as sales of Product are made pursuant to the Compulsory License. “Compulsory License” means a compulsory license under the Licensed Patents obtained by a Third Person through the order, decree or grant of a competent governmental authority authorizing such Third Person to manufacture, use, sell, offer for sale or import the Product in a specific country.
Compulsory License. In the event that, during the Royalty Term for a particular Product in a particular country, (a) a court or governmental agency of competent jurisdiction requires AstraZeneca or its Affiliate to grant a license under Regulus Technology to a Third Party who is not an Affiliate, Sublicensee or Distributor and is not otherwise authorized by AstraZeneca to sell or Manufacture or otherwise Exploit a Lead Compound or Product, to Manufacture and /or sell and/or distribute such Product in the Product Field in such country (a “Compulsory License”); (b) following the grant of such Compulsory License, the Third Party to whom such Compulsory License was granted sells such Product in such country; and (c) in any full Calendar Year following the first commercial sale by such Third Party of a Product in such country, the Net Sales of such Product in that country are less than […***…] percent ([…***…]%) of the Net Sales of such Product in such country in the immediately preceding Calendar Year, then, for the purposes of calculating royalties due for such Product under Section 6.3 for the remainder of the Royalty Term, […***…] percent ([…***…]%) of the Net Sales in such country shall be disregarded; provided, however, that in no event shall the reduced royalties paid to Regulus under this Section 6.5 at any time be less than the payment due by Regulus to its Licensors under Existing Regulus Agreements. Any amount that AstraZeneca is entitled to deduct that is reduced by the limitations on the deduction set forth in the preceding sentence shall be carried forward and AstraZeneca may deduct such amount from subsequent amounts due to Regulus (subject to the limitations on the deduction set forth in the preceding sentence) until the full amount that AstraZeneca was entitled to deduct is deducted.
Compulsory License. If a Third Party obtains a Compulsory License with respect to a particular Licensed Product in a specific country in the Territory, Lilly or Shionogi will promptly notify Anthera thereof. If the royalty rates payable by the grantee of the Compulsory License are less than the royalty rates applicable in such country as set forth in Section 3.4 above, then the royalty rates payable by Anthera with respect to sales of the applicable Licensed Product in such country will be [***].
Compulsory License. If in any country a Third Party obtains a Compulsory License to sell a Lilly Product or Isis Product, then Lilly or Isis, respectively, shall promptly notify the other Party. If the royalty rate payable by the grantee of the Compulsory License is less than the then-current royalty rate paid under this Agreement, then the royalty rate, payable under this Agreement with respect to such Lilly Product or Isis Product, as applicable, shall be reduced to such lower rate in the subject country for so long as sales are made pursuant to the Compulsory License; provided, however [***].
Compulsory License. If either Party learns that a Third Party other than an InterMune Affiliate or Sublicensee has obtained a compulsory license in any country under the Collaboration Patents, or Identified Patents or Preparatory Patents exclusively licensed to InterMune hereunder, to sell a Competitive Product (as defined below), then such Party shall promptly notify the other Party of such occurrence. If the royalty rate payable to Array under such compulsory license is less than the royalty rate otherwise applicable in such country hereunder, then, in each calendar year in which the Competitive Product is being sold in such country, and units of the Competitive Product equal at least [ * ] of the total combined units of such Competitive Product and the Product in the particular country, sold in such calendar year, then the royalty rate set forth in Section 5.4.1 shall be reduced, with respect to Net Sales in such country, to the lower royalty rates applicable in such country pursuant to such compulsory license. Any reduction in the royalty due Array as a result of sales of such Competitive Product shall be available to InterMune only with respect to Net Sales in those calendar years and in those countries described by the foregoing sentence. For the purposes of this Section 5.4.5, a “Competitive Product” shall mean any product the manufacture, use or sale of which is claimed by any of the foregoing patents, and which competes with any Product in the relevant country. If such compulsory license is required to be granted by InterMune, then the amounts received by InterMune pursuant to such compulsory license shall be deemed to be Net Sales hereunder (in lieu of the sales pursuant to the compulsory license being included in Net Sales).
Compulsory License. PNU shall use all commercially reasonable efforts to prevent or avoid any Third Party from obtaining or being granted a Compulsory License, and to the extent that a Third Party does obtain or is granted a Compulsory License, PNU will use all commercially reasonable efforts to limit or reduce the scope or applicability of such Compulsory License. If, notwithstanding PNU's use of commercially reasonable efforts, any Third Party obtains a Compulsory License in any country, then NeoPharm or PNU (whoever has first notice) shall promptly notify the other party. If the royalty rate payable by the grantee of the Compulsory License is less than the above royalty rates, the above royalty rates shall be reduced to such lower rate in the subject country for so long as sales are made pursuant to the Compulsory License.
Compulsory License. If at any time and from time to time a Third Party in any country in the OMP Territory shall, under the right of a compulsory license granted or ordered to be granted by a competent governmental authority, manufacture, use or sell any Product, with respect to which Earned Royalties would be payable pursuant to this Agreement, then OMP shall inform Grünenthal thereof and both Parties shall negotiate in good faith the size of an equitable reduction of the applicable royalty. In principle, the reduction shall be calculated after consideration of the territory concerned, the owner of the Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. compulsory license and its marketing and distribution capability, pricing and other market conditions at the time of granting such compulsory license, the royalty rate of the compulsory license, the life cycle phase of the Product and an equitable distribution of the financial consequences for the Parties.
Compulsory License. In the event that a governmental agency in any country or territory, except as referred to in Article III hereunder, grants or compels LICENSOR to grant a license to it or to any Third Party for any Licensed Products, LICENSEE shall have the benefit in such county or territory of the terms granted to such Third Party to the extent that such terms are more favorable than those of this Agreement.
