Common use of Running Royalties Clause in Contracts

Running Royalties. For the Medical Field of Use, Licensee agrees to pay to Tufts royalties of: (a) [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights; or Portions of this Exhibit, indicated by the ▇▇▇▇ “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended. (b) [***] percent ([***] %) of the Gross Sales of Licensed Products that do not fall within the clause (a), above, but the manufacture, use or sale of which would infringe (were it not for the License) at least one claim in a pending application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending application included in the Patent Rights, if such claim were to issue.

Appears in 2 contracts

Sources: License Agreement (Paratek Pharmaceuticals, Inc.), License Agreement (Paratek Pharmaceuticals Inc)

Running Royalties. For the Medical Field of Use, Licensee agrees to pay to Tufts royalties of: (a) [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, making using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights; or Portions of this Exhibit, indicated by the ▇▇▇▇ “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended.or (b) [***] ]percent ([***] ]%) of the Gross Sales of Licensed Products that do not fall within the clause (a), above, but the manufacture, use use, or sale of which would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, making using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue.

Appears in 2 contracts

Sources: License Agreement (Paratek Pharmaceuticals, Inc.), License Agreement (Paratek Pharmaceuticals Inc)

Running Royalties. For the Medical Field of Use, Licensee agrees to pay to Tufts royalties of: (a) [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, making using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights; or Portions of this Exhibit, indicated by the ▇▇▇▇ “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended.or (b) [***] percent ([***] ]%) of the Gross Sales of Licensed Products that do not fall within the clause (a), above, but the manufacture, use use, or sale of which would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, making using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue.

Appears in 2 contracts

Sources: License Agreement (Paratek Pharmaceuticals, Inc.), License Agreement (Paratek Pharmaceuticals, Inc.)

Running Royalties. For the Medical Field of Use, Licensee agrees to pay to Tufts royalties of: (a) [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights; or Portions of this Exhibit, indicated by the ▇▇▇▇ “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended. (b) [***] percent ([***] %) of the Gross Sales of Licensed Products that do not fall within the clause (a), above, but the manufacture, use or sale of which would infringe (were it not for the License) at least one claim in a pending application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [***] percent ([***]%) of the Gross Sales of Licensed Products, (a) that are comprised of or contain Licensed Compounds or (b) the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [***] percent ([***]%) of the Gross Sales of Licensed Products, (a) that are comprised of or contain Licensed Compounds or (b) the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue.” (e) The following new Section 3.6A of the License Agreement is hereby inserted immediately before Section 3.6:

Appears in 2 contracts

Sources: License Agreement (Paratek Pharmaceuticals, Inc.), License Agreement (Paratek Pharmaceuticals, Inc.)

Running Royalties. For the Medical Field of Use, Licensee agrees to pay to Tufts royalties of: (a) [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights; or Portions of this Exhibit, indicated by the ▇▇▇▇ “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended.or (b) [***] percent ([***] ]%) of the Gross Sales of Licensed Products that do not fall within the clause (a), above, but the manufacture, use or sale of which would infringe (were it not for the License) at least one claim in a pending application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending application included in the Patent Rights, if such claim were to issue.. Section 3.5. Sublicense Royalties is hereby replaced by the following:

Appears in 2 contracts

Sources: License Agreement (Paratek Pharmaceuticals, Inc.), License Agreement (Paratek Pharmaceuticals, Inc.)

Running Royalties. For the Medical Field of Use, Licensee agrees to pay to Tufts royalties of: (a) [***: [ * ] percent ([***[ * ]%) of the Gross Sales of Licensed Products, the making, using, (a) that are comprised of or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights; contain Licensed Compounds or Portions of this Exhibit, indicated by the ▇▇▇▇ “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended. (b) [***] percent ([***] %) of the Gross Sales of Licensed Products that do not fall within the clause (a), above, but the manufacture, use or sale of which would infringe (were it not for the License) at least one claim in a pending application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [***] percent ([***]%) of the Gross Sales of Licensed Products, the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue. For the Disinfectant Field of Use, Licensee agrees to pay to Tufts royalties of: [ * ] percent ([ * ]%) of the Gross Sales of Licensed Products, (a) that are comprised of or contain Licensed Compounds or (b) the making, using, or selling of which infringes (were it not for the License) at least one claim in an issued, unexpired and non-lapsed patent included in the Patent Rights or would infringe (were it not for the License) at least one claim in a pending patent application included in the Patent Rights, if such claim were to issue.” (e) The following new Section 3.6A of the License Agreement is hereby inserted immediately before Section 3.6:

Appears in 1 contract

Sources: License Agreement (Paratek Pharmaceuticals, Inc.)