Agreements containing royalty provisions
Category: Royalty
Here’s a sampling of agreements that contain some sort of royalty terms:
1.74 Royalty Term
The term “Royalty Term” shall mean the period of time commencing, on a Therapeutic Product-by-Therapeutic Product and country-by-country basis, on the date of First Commercial Sale of a given Therapeutic Product in such country and continuing, on a country-by-country basis, until the later of (a) ten (10) years after First Commercial Sale in such country in which said Therapeutic Product is sold or (b) the earlier of (x) expiration of the last issued ICT Patent Rights in such country containing a Valid Claim that would but for this Agreement be infringed by the sale of such Therapeutic Product in such country and (y) the date a generic version of the Therapeutic Product is being marketed in that country. With regard to the calculation of the ten (10) year period, the EU shall be considered as one country.
4.1 Royalty Payments.
In consideration of the license of FCE Technology granted herein, POSCO Power agrees to pay to FCE the following royalty payments:
(a) An up-front royalty payment in the amount of USD $10 million (the “Upfront Payment”) shall be paid in full on the Effective Date of this Agreement. For the avoidance of doubt, POSCO Power shall be responsible for payment of withholding taxes or other payments.
1.74 “Royalty Term” means, on a country-by-country and Licensed Product-by-Licensed Product basis, the period commencing upon Launch of the Licensed Product in the Field in the country and ending upon [*]: (i) the date on which such Licensed Product is no longer covered by a Valid Claim in such country; or (ii) [*] ([*]) years from the date of Launch of the first Licensed Product in such country provided that the Regulatory Approval for such Licensed Product in such country continues to provide data or market exclusivity in respect of such Licensed Product.
3.1. For the Licenses granted herein, Buyer shall pay to Nautilus a running royalty according to the following schedule. Royalty calculations are made on a calendar year basis. Royalty payments shall be quarterly. Each quarterly payment shall be the higher of the Minimum Royalty specified for the period or the running royalty calculated as a percent of Net Sales for the quarter. Buyer shall submit a report with each royalty payment as specified below.
1.1 Product Transfer Price. In exchange for the supply of a Product to Codexis pursuant to the EPSA, Codexis shall pay Arch a Product Transfer Price in respect of each Product sold by Codexis to a Codexis Customer equal to
(x) [*]
(a) [*]
(b) [*]; or
(y) an amount mutually agreed upon by the Parties.