Payments to NYSERDA Definitions. Practical Application: To manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system, under conditions indicating that the benefits of the invention are available to the public on reasonable terms. Product: any product or service that includes or incorporates the technology, components, subject inventions, and/or intellectual property that was developed in part or in whole as a result of NYSERDA funding, regardless of the application, customer segment, business model, or sales model, and including any improvements, enhancements or modifications thereto.
Payments to NYSERDA Definitions. Practical Application: To manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system, under conditions indicating that the benefits of the invention are available to the public on reasonable terms. Product: any product or service that includes or incorporates the technology, components, subject inventions, and/or intellectual property that was developed in part or in whole as a result of NYSERDA funding, regardless of the application, customer segment, business model, or sales model, and including any improvements, enhancements or modifications thereto. License/Franchise: A grant of authority by Contractor to another person to make, use, or sell the Product. Licensing Revenue: Gross revenue of any kind or character derived by Contractor from a Licensing or Franchising of the Product. Sale: A sale or lease of the Product by the Contractor or any parent, subsidiary, affiliate or assignee thereof. Sales Revenue: Gross revenue, excluding returns and allowances such as sales tax, freight, and insurance, if applicable, derived from Sales.
Payments to NYSERDA Definitions. Practical Application: To manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system, under conditions indicating that the benefits of the invention are available to the public on reasonable terms. Product: [PRODUCT OR TECHNOLOGY DEFINITION], and including any improvements, enhancements or modifications thereto. New York State Product: The Product will be considered a New York State Product if Contractor demonstrates that either: (1) in excess of 50% of the value or value added to such Product was added within the geographical boundaries of the State of New York; “value added” means any separable component of the Product, contributed by the Contractor or paid for by the Contractor to others, for parts, components, and services, and all manufacturing costs, including but not limited to labor, labor overhead, materials, and G&A, but excluding profit; or (2) in excess of 75% of the nonmanufacturing selling and administrative costs, allocated on a per unit basis for the Product, derive from within the geographic boundaries of New York State; such costs include those associated with the selling of the Product, shipping, administrative salaries, executive salaries, administrative office expenses, sales commissions, advertising, marketing, and research and development, but excluding: (a) any separable component of the Product paid for by the Contractor to others for parts, components, and services, and (b) and any other manufacturing or product costs. Qualification as a New York State Product shall be determined using generally accepted accounting principles and shall be capable of being proven by an audit conducted in accordance with generally accepted auditing standards.
