Combination Sales. If COMPANY sells a LICENSED PRODUCT or PRODUCTS in combination with other products that are not LICENSED PRODUCTS (“OTHER ITEMS”), the NET SALES for purposes of Royalty payments on the combination shall be calculated as follows: If all LICENSED PRODUCTS and OTHER ITEMS contained in the combination are available separately, the NET SALES for purposes of the royalty payments will be calculated by multiplying the NET SALES of the combination by the fraction A/(A+B), where A is the selling price of all LICENSED PRODUCTS in the combination, and B is the selling price of all OTHER ITEMS in the combination. If the combination includes OTHER ITEMS which are not sold separately (but all LICENSED PRODUCTS are available separately), the NET SALES for purposes of royalty payments is the selling price of all LICENSED PRODUCTS in the combination.
Appears in 2 contracts
Sources: Exclusive Patent License Agreement (BioTrove, Inc.), Exclusive Patent License Agreement (BioTrove, Inc.)