Common use of Multiple Royalties Clause in Contracts

Multiple Royalties. If Introgen, its Affiliate or Sublicensee is required to pay to non-Affiliate third parties amounts with respect to a Licensed Product under agreements for patent rights or other technologies that Introgen, its Affiliate or Sublicensee in-licenses or acquires with respect to such Licensed Product, Introgen may deduct [*] of the amount owing such non-Affiliate third parties (prior to any reductions) from the royalty owing to VirRx for the sale of such Licensed Product pursuant to Section 5.4(a) above. Notwithstanding the foregoing provisions of this Section 5.4(c), (i) Introgen may deduct [*] of amounts owing to third parties with respect to a patent or patent application if Introgen concludes that the manufacture, sale, offer ------------ * 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. for sale, use, import, export or other exploitation of the Licensed Product could infringe such patent or patent application in any country, but (ii) in no event shall the royalties due to VirRx pursuant to Section 5.4(a) above be reduced under this Section 5.4(c) to less than [*] of the amount that would otherwise be due to VirRx hereunder.

Appears in 2 contracts

Sources: Collaboration and License Agreement (Introgen Therapeutics Inc), Collaboration and License Agreement (Introgen Therapeutics Inc)