Common use of Reduction of Royalties Clause in Contracts

Reduction of Royalties. Notwithstanding the foregoing, the royalties owing from Ixsys to ▇▇▇▇▇▇▇▇ under this Section 4.4 shall be subject to the following reductions: (a) If a product or a Product incorporates, uses or is based on the ▇▇▇▇ Patent Rights, or would infringe the valid claim of the ▇▇▇▇ Patent Rights if made, used or sold, then the royalty rates set forth in Sections 4.4.1 and 4.4.2(b) above shall be reduced to [***] of the respective percentages set forth therein. (b) if any material claim stated in United States Patent Application Serial No. 08/133,952, filed November 20, 1986, is not included, or has been materially narrowed or materially modified, in the issued claims of such valid issued patent in the United States within the B&K Patent Rights, Ixsys and ▇▇▇▇▇▇▇▇ shall negotiate in good faith a reduced royalty rate under Sections 4.4.1 and 4.4.2(b) above.

Appears in 2 contracts

Sources: Subscription and License Agreement (OncoMed Pharmaceuticals Inc), Subscription and License Agreement (OncoMed Pharmaceuticals Inc)

Reduction of Royalties. Notwithstanding the foregoing, the royalties owing from Ixsys to ▇▇▇▇Kauf▇▇▇▇ under ▇▇▇er this Section 4.4 shall be subject to the following reductions: (a) If a product or a Product incorporates, uses or is based on the Huse ▇▇▇▇ Patent ent Rights, or would infringe the valid claim of the Huse ▇▇▇▇ Patent ent Rights if made, used or sold, then the royalty rates set forth in Sections 4.4.1 and 4.4.2(b) above shall be reduced to [***] * of the respective percentages set forth therein. (b) if any material claim stated in United States Patent Application Serial No. 08/133,952, filed November 20, 1986, is not included, or has been materially narrowed or materially modified, in the issued claims of such valid issued patent in the United States within the B&K Patent Rights, Ixsys and ▇▇▇▇Kauf▇▇▇▇ shall ▇▇▇ll negotiate in good faith a reduced royalty rate under Sections 4.4.1 and 4.4.2(b) above.

Appears in 1 contract

Sources: License Agreement (Applied Molecular Evolution Inc)