Multiple Royalties. No multiple royalties shall be payable because LICENSED PRODUCTS, their manufacture, use or sale shall be covered by more than one patent application or patent licensed under this Agreement. In the event that a LICENSED PRODUCT'S manufacture, use or sale shall be covered by one or more patent application or patent licensed under this Agreement and by one or more patent application or patent license under any other agreement between LICENSEE and UKRF or the University of Kentucky, (together with this Agreement, the "Multiple License Agreements"), LICENSEE shall pay the highest of the agreed upon royalty rate applicable for such LICENSED PRODUCT under any of the Multiple License Agreements plus [*] of the second highest agreed upon royalty rate under any of the other Multiple License Agreements. In the event that a LICENSED PRODUCT's manufacture, use or sale shall be covered by one or more patent application or patent licensed under this Agreement and by one or more patent application or patent licensed under any other agreement between LICENSEE and one or more third parties (not including UKRF or University of Kentucky), then LICENSEE and UKRF shall negotiate in good faith to determine the applicable royalty rate payable to UKRF for such LICENSED PRODUCT hereunder.
Appears in 3 contracts
Sources: License Agreement (Control Delivery Systems Inc/Ma), License Agreement (Control Delivery Systems Inc/Ma), License Agreement (Control Delivery Systems Inc/Ma)