PAYMENTS AND ROYALTY Sample Clauses

PAYMENTS AND ROYALTY. In consideration for CSM's grant above and in consideration of the other terms and conditions of this Agreement, Atlas agrees to make the payment and to pay the following consideration: 3.1 At the execution of this Agreement Atlas will issue 400,000 shares of Atlas Mining Company common stock in favor of CSM. Said stock will be restricted in nature, and subject to the rules of section 144 of the Securities Exchange Commission. 3.2 If the Agreement remains in effect, on or before the yearly anniversary of the date herein, and on every anniversary thereafter, Atlas will issue 100,000 shares of Atlas Mining Company common stock to the favor of CSM for a one year extension of the Agreement. 3.3 If Atlas sells any product from the Dragon Mine during the period of the Agreement, then Atlas will pay to CSM a 3% royalty of the gross sales. All sales royalties are payable in cash and will be paid within thirty (30) days after receipt of payment to Atlas. Any royalties not timely paid, shall bear interest at the Bank of America prime rate then in effect plus 2%. 3.4 If Atlas sales of any product from the Dragon Mine should reach One Million Dollars ($1,000,000.00) during any one year period of this Agreement, then Atlas may purchase the Dragon Mine from CSM for Five hundred Thousand Dollars ($500,000.00).
View SourceView Similar (5)
PAYMENTS AND ROYALTY. 3.1 Operator shall pay AIG the sum of $_____* simultaneously with the equivalent payments to the Hortenstine Group and the SL Group pursuant to the Mineral Leases 120 days following completion by Operator of the NI 43-101 Report and Operator’s decision to proceed with a bankable feasibility study and related development of a mine plan which payment shall occur no later than 12 months from the Effective Date. 3.2 Operator shall pay AIG the sum of $_____* simultaneously with the equivalent payments to the Hortenstine Group and the SL Group pursuant to the Mineral Leases 120 days following application for any mining permit on private, state or federal land in either Navajo or Apache County, Arizona, that includes plans to utilize any portion of the Royalty Pool Area which payment shall occur no later than 36 months from the Effective Date. 3.3 Royalties on Authorized Minerals extracted from the Royalty Pool Area shall begin to accrue on the first date of production from the Royalty Pool Area. Royalties shall be paid on “Gross Sales,” which will be defined as a sum calculated based on tons actually sold and shipped during a calendar quarter at the actual average quarterly sales price received by Operator during such calendar quarter on a weighted basis according to production (“Average Quarterly Price”). 3.4 Royalties on Gross Sales shall be as follows: Average Quarterly Price Sales on Authorized Minerals Up to $300 ___ %* Greater than $300 up to $350 ___ %* Greater than $350 up to $400 ___ %* Greater than $400 up to $450 ___ %* Greater than $450 up to $500 ___ %* Greater than $500 up to $550 ___ %* Greater than $550 up to $600 ___ %* Greater than $600 up to $650 ___ %* Greater than $650 up to $700 ___ %* Greater than $700 ___ %* Notwithstanding the foregoing, in no event shall the Royalties as a Percentage of Gross Sales be less than the rates paid by Operator to the Arizona State Lands Department where the average quarterly price is greater than $_____* (the “State Rates”). 3.5 Royalties shall be calculated quarterly as of the last day of March, June, September and December. Within 45 days of the end of each March, June, and September and within 90 days of the end of each December, Operator shall pay to each Party its Royalty Percentage earned for the preceding quarter. 3.6 All payments will be in U.S. dollars to the Other Parties without demand, notice, set-off, or reduction, by wire transfer in good, immediately available funds, to such account or accounts...
View Source
PAYMENTS AND ROYALTY. 4.1 CCT will reimburse JHU for the reasonable costs of preparing, filing, maintaining and prosecuting PATENT RIGHTS in the United States, Canada, Japan, Australia, New Zealand, South Korea and the countries of the European Union. CCT shall reimburse JHU within thirty (30) days of receipt of invoice from JHU. CCT will be notified, in advance, of the filing and prosecution of all patents and patent applications. Upon JHU licensing to one or more third parties for other fields of use in any of the aforementioned countries, CCT will receive a prorated reimbursement of patent expenses for such countries pertaining to PATENT RIGHTS that have been incurred up to said time, and from that time forward future patent costs will be prorated. (a) CCT shall pay to JHU within thirty (30) days of the EFFECTIVE DATE of this Agreement a nonrefundable processing fee of ** Dollars ($**) and (b) Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions. on the ninetieth day after the EFFECTIVE DATE, unless CCT has terminated this Agreement pursuant to Section 6.6(b), CCT shall pay a nonrefundable initial licensing fee of ** Dollars ($**). These payments are nonrefundable and shall not be credited against royalties or other fees. 4.3 CCT shall pay to JHU a Five Thousand dollar ($5,000) annual maintenance fee due within thirty (30) days of each anniversary of the EFFECTIVE DATE of this Agreement. Such fees are nonrefundable and shall not be credited against royalties or other fees. 4.4 CCT shall pay to JHU, as a running royalty, for each LICENSED PRODUCT sold, and for each LICENSED SERVICE provided, by CCT, AFFILIATED COMPANIES and Sublicensees, ** percent (**%) of NET SALES of IN VIVO THERAPEUTIC(S) and IN VITRO THERAPEUTIC PREDICTIVE ASSAYS covered by a VALID CLAIM of PATENT RIGHTS and ** percent (**%) of NET SALES on EX VIVO THERAPEUTIC(S) covered by a VALID CLAIM of PATENT RIGHTS and ** percent (**%) of NET SERVICE REVENUES for THERAPEUTIC CELL PRODUCT SERVICE(S) covered by a VALID CLAIM of PATENT RIGHTS for the term of this Agreement. Any LICENSED PRODUCT or LICENSED SERVICE that is not an EX VIVO THERAPEUTIC or THERAPEUTIC CELL PRODUCT SERVICE and is covered by a VALID CLAIM of PATENT RIGHTS shall be subject to the **% royalty payment. As used above NET SALES for an EX VIVO THERAPEUTIC shall mean an entire kit or system including components for extracting, growing and harvesting cells requiring use of o...
View Source
PAYMENTS AND ROYALTY 
View SourceView Similar (3)

Related to PAYMENTS AND ROYALTY

  • Payments and Royalties 3.1 As an initial non-refundable payment for the licenses and rights herein granted to SHENZHEN HIGH POWER under this Agreement, SHENZHEN HIGH POWER shall pay to OBC the up-front fees, without subtraction or deduction of Chinese withholding taxes, if any, pursuant to the schedule set forth in Appendix II attached hereto. 3.2 In addition to the lump sum payment under Article 3.1 above, SHENZHEN HIGH POWER shall pay to OBC non-refundable running royalties, also pursuant to the schedule set forth in Appendix II hereto, of the Net Selling Price of the Licensed Consumer Hydride Batteries sold or Otherwise Disposed Of by SHENZHEN HIGH POWER and its Affiliates (either directly or through sales representatives or agents) in any country of the world during the period commencing on the Effective Date of this Agreement and ending upon the expiration of the last to expire of the Licensed Patents. 3.3 Notwithstanding that a Licensed Consumer Hydride Battery may be covered by (i) the claims of one or more of the Licensed Patents or (ii) the claims of one or more of the Licensed Patents in one or more countries throughout the world, SHENZHEN HIGH POWER, in connection with the manufacture or sale of the Licensed Consumer Hydride Batteries by SHENZHEN HIGH POWER, its successors or assigns shall be obliged to pay a single royalty hereunder and only on the first sale of such Licensed Consumer Hydride Batteries and not on any subsequent sale or resale thereof and all end-users, distributors, customers, dealers, or suppliers of SHENZHEN HIGH POWER, its successors or assigns of such Licensed Consumer Hydride Batteries shall be licensed to use and/or sell the same. 3.4 All statements submitted and all payments made pursuant to Article 3.1 and Article 3.2 herein shall be stated and made in U.S. legal tender at the selling rate of authorized foreign exchange bankers in various individual countries under the license for transfers to New York in U.S. dollars on the date on which payments are made as required hereunder.

  • License Fees and Royalties Consistent with the applicable U.S. DOT Common Rules, the Recipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Underlying Agreement are program income, and must be used in compliance with federal applicable requirements.

  • Fees and Royalties In consideration for the license granted herein to LICENSEE under Patent Rights LICENSEE agrees to pay to UNIVERSITY: (a) license maintenance fees of i) [***] on the [***] anniversary of the Effective Date, and ii) [***] on the [***] anniversary of the Effective Date, and iii) [***] on the [***] and annually thereafter on each anniversary of the Effective date; (b) an earned royalty of [***] on Net Sales; [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (c) [***] of all sublicense fees received by LICENSEE from its Sublicensees that are not earned royalties. All fees and royalty payments specified in this Paragraph 3.1 shall be paid by LICENSEE in accordance with the provisions of Paragraph 4.3. If there are multiple, stacking royalties required to be paid by LICENSEE to any third party in order to exercise its rights hereunder to make, have made, use or sell the Licensed Products and the resulting aggregate royalty rate is [***], then the royalty rate under Section 3.1.(b) will be adjusted so that the combined royalty payments from LICENSEE to all of its licensors, including UNIVERSITY, does not exceed [***]. The royalty rate payable to UNIVERSITY will be reduced [***] to a rate determined by [***], provided, however, that in no event shall the royalty rate payable to LICENSEE be less than [***]. Notwithstanding the foregoing, if LICENSEE’s agreement with any of such other licensors provides for a royalty proration formula based on an aggregate royalty rate [***], LICENSEE and UNIVERSITY will replace the aggregate royalty rate set forth in this Section with [***].

  • Royalty Payments 6.1 During the TERM of this Agreement, as partial consideration for the LICENSE, LICENSEE shall pay to YALE an earned royalty of [***] percent ([***]%) of worldwide cumulative NET SALES of LICENSED PRODUCTS by LICENSEE or its SUBLICENSEES or AFFILIATES (“EARNED ROYALTY”). 6.1.1 The obligation to pay royalties under this Article 6.1 shall be imposed only on the original sale of any individual LICENSED PRODUCT to the end-user thereof, and the royalty shall be imposed only once on such sale regardless of whether such LICENSED PRODUCT is covered by more than one patent claim within the LICENSED PATENTS. 6.1.2 In the event that LICENSEE determines that it is necessary to obtain a license from a third party in order to avoid infringing a third party’s patent(s) by making, having made, using, offering for sale, selling, having sold, importing or exporting LICENSED PRODUCTS, LICENSEE may reduce its applicable royalty obligation to YALE by an amount which is the lesser of (i) [***], or (ii) [***]. 6.1.3 The multiplier to be used to reduce the running royalties paid by LICENSEE to YALE on a COMBINATION PRODUCT, defined as a product containing a LICENSED PRODUCT and one or more additional products containing active ingredients sold together as a single product by LICENSEE, AFFILIATES or SUBLICENSEES, will be calculated by [***]. 6.1.4 Notwithstanding the foregoing, in no event shall the operation of Articles 6.1.2 or 6.1.3 result in EARNED ROYALTIES payable to YALE being reduced to less than [***] percent ([***]%). 6.1.5 Should a compulsory license be granted by LICENSEE or an AFFILIATE to a third party under the applicable laws, rules, regulations, guidelines, or other directives of any governmental or supranational agency in the LICENSED TERRITORY under the LICENSED PATENTS, LICENSEE shall notify YALE, including any material information concerning such compulsory license, and the running royalty rates payable under Article 6.1 for sales of LICENSED PRODUCTS in such country will be adjusted to equal any lower royalty rate granted to such third party for such country with respect to the sales of LICENSED PRODUCTS therein. 6.2 In the event that (i) LICENSEE or any of its AFFILIATES or SUBLICENSEES brings a PATENT CHALLENGE anywhere in the world, or (ii) LICENSEE or any of its AFFILIATES or SUBLICENSEES assists another party in bringing a PATENT CHALLENGE anywhere in the world, and (iii) YALE does not choose to exercise its rights to terminate this Agreement pursuant to Article 13, then the following provisions shall apply. (a) All payments due to YALE under this Agreement other than patent costs shall be [***] during the pendency of the PATENT CHALLENGE and shall remain payable to YALE when due. (b) If the PATENT CHALLENGE is inconclusive or results in a determination that at least one challenged claim is both valid and infringed, (i) all payments due to YALE under this Agreement other than patent costs shall be [***] for the remainder of the TERM of the Agreement. (ii) LICENSEE shall promptly reimburse YALE for all legal fees and expenses incurred in YALE’s defense against the PATENT CHALLENGE. (c) In the event that such a PATENT CHALLENGE is successful, LICENSEE will have no right to recoup any payments made prior to the final, non-appealable determination of a court of competent jurisdiction. 6.3 Neither LICENSEE nor any of its AFFILIATES or SUBLICENSEES shall bring a PATENT CHALLENGE without first providing YALE [***] written notice setting forth (a) precisely which claims and patents are being challenged or claimed not to be infringed, (b) a clear statement of the factual and legal basis for the challenge, and (c) an identification of all prior art and other matter believed to invalidate any claim of the LICENSED PATENT or which supports the claim that the LICENSED PATENT is not infringed. 6.4 LICENSEE shall pay all EARNED ROYALTIES accruing to YALE within [***] from the end of each calendar quarter (March 31, June 30, September 30 and December 31), beginning in the first calendar quarter in which NET SALES occur. Unless YALE requests otherwise, LICENSEE shall report all EARNED ROYALTIES and other payments accruing to YALE on a quarterly basis, but shall defer payments accruing to YALE that do not, in total, exceed [***] Dollars ($[***]) in any given quarter until the earlier of (1) the end of the calendar year, or (2) the quarter upon which the cumulative accrued royalties and other payments exceed [***] Dollars ($[***]). 6.5 All EARNED ROYALTIES and other payments due under this Agreement shall be paid to YALE in United States Dollars. In the event that conversion from foreign currency is required in calculating a payment under this Agreement, the exchange rate used shall be the Interbank rate quoted by Citibank at the time the payment is due. If overdue, the royalties and any other payments due under this Agreement shall bear interest until payment at a per annum rate [***] percent ([***]%) above the prime rate in effect at Citibank on the due date. The payment of such interest shall not foreclose YALE from exercising any other right it may have as a consequence of the failure of LICENSEE to make any payment when due.

  • PATENTS AND ROYALTIES Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this Invitation for Bids. The Contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Contractor. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Contractor. If such a claim is made, the Contractor shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.