Significant quantities definition

Significant quantities means the volume, concentrations, or mass of a pollutant in a discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely impact human health or the environment; or cause or contribute to a violation of any water quality standards applicable to the receiving water.

Significant quantities means (1) in the case of a single third-party infringer in a particular country, at least ***, or (2) in the case of more than one third-party seller in a particular country, at least ***, of total unit turnover, respectively, of stand-alone enzyme(s) within TAQ PATENT RIGHTS or thermostable enzymes actively promoted for use in AMPLIFICATION PATENT RIGHTS, in each country, the accuracy of said *** or *** figures being acceptable to both parties. "Actively promoted" shall mean advertised or technically supported for use in AMPLIFICATION PATENT RIGHTS. If ROCHE is provided with the documentary proof of continued infringing sales as above described and ROCHE does not within the six-month period pursue one of the above options, SCS shall have the right at the expiration of the six-month period, or such other period as the parties have agreed, to reduce its royalty rate for royalties owed on stand-alone TAQ REAGENTS or stand-alone SCS ENZYMES in said country by ***. SCS' right to reduce its royalties shall terminate and SCS shall resume paying full royalties in each country, as of the time: (1) all such infringing third parties in such country have either delivered the written assurances described above or engaged in good faith license negotiations with ROCHE, provided that if said negotiations do not conclude within one year, SCS may again abate its royalty by ***, as the case may be, in the manner describex xxxve until the conclusion of a license with said third party; or (2) the filing or prosecution of an *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. infringement suit against at least one such party in said country; or (3) as a result of the written assurances received in accordance with the foregoing or the conclusion of any licenses or litigations or otherwise, infringement in fact ceases or is reduced to below "Significant Quantities". Notwithstanding the provisions of this clause, ROCHE and SCS understand and specifically agree that nothing in this Agreement shall reduce SCS' royalty below *** per unit of Taq DNA Polymerase.

Significant quantities means sales of products by the Infringer in the country in which such infringement is occurring within the immediately preceding twelve months before the date of the written notice for a meeting under SECTION 5.2 above, which sales have a NET SALES VALUE greater than 20% of the total, cumulative NET SALES VALUE of LICENSED PRODUCTS SOLD by Orphan, its AFFILIATES or SUBLICENSEES in the immediately preceding 12 month period in the United States, but in no event less than $200,000.00.

Examples of Significant quantities in a sentence

• If LICENSOR does not within the six-month period fulfill at least one of the above options as to each unlicensed third party selling a significant quantity of unlicensed products, then the royalty rate on any Licensed Product will be reduced to [*]% of the royalty rate then applicable to each said Product, for such time as the unlicensed activity continues in Significant Quantities.

• If the prima facie evidence shows that any of the Infringing Activities involves Significant Quantities, the evidence must be reasonably probative in demonstrating to CPP’s reasonable satisfaction that the Infringer’s level of sales of infringing products in the pertinent country of the Licensed Territory constitute Significant Quantities and that those sales compete with TILLOTTS’ Sales of Licensed Products in that country.

• For the purposes of the foregoing clauses, "Significant Quantities" shall mean, on a country by country basis, at least 20% of the market for all products covered by Valid Claims in monetary sales units.

More Definitions of Significant quantities

Significant quantities means, on a country by country basis, at least 20% of the market for all products covered by Valid Claims in monetary sales units. This entire section is to apply on a country by country basis, meaning that there shall be no royalty reduction in countries where unlicensed activity does not reach the level of Significant Quantity.

Significant quantities means sales of products by the Infringer in the country in the immediately preceding six months before the date of the SECTION 7.1 meeting represent gross bxxxxxxx greater than 20% of the Total Annual Net Sales Value of Licensed Products Sold by TILLOTTS, its Affiliates or Sublicensees in the immediately preceding six-month period in the same country, but no less than US$1,000,000.00 (or its equivalent in the currency of the pertinent country).

Significant quantities is defined in Subsection 7.3.2.