Sales by Licensee Clause Samples

The "Sales by Licensee" clause defines the rights and obligations of a licensee regarding the sale of products or services covered by a license agreement. Typically, it outlines the scope of what the licensee is permitted to sell, any restrictions on territories or customer types, and may specify reporting or royalty payment requirements related to such sales. This clause ensures that both parties understand the extent of the licensee's sales rights and provides a framework for monitoring and compensating the licensor, thereby preventing unauthorized sales and clarifying the commercial relationship.
Sales by Licensee. With regard to Net Sales made by Licensee or its Affiliates, royalties shall be payable by Licensee quarterly, within sixty (60) days after the end of each calendar quarter, based upon the Net Sales of Licensed Products during such preceding calendar quarter, commencing with the calendar quarter in which the first commercial sale of any Licensed Product is made.
Sales by Licensee. Royalties payable pursuant to Section 3 herein, shall be payable by Licensee quarterly, within sixty (60) days after the end of each calendar quarter, based upon Net Sales during the immediately preceding calendar quarter.
Sales by Licensee. With regard to Net Sales made by Licensee or its Affiliates, royalties shall be payable by Licensee [***], based upon the Net Sales [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. of Licensed Products during such preceding calendar quarter, commencing with the calendar quarter in which the first commercial sale of any Licensed Product is made.
Sales by Licensee. The Running Royalty Amount for such Calendar Quarter (if any); plus
Sales by Licensee. With respect to green or roasted coffees sold by Licensee: a. Licensee may use the Q Marks solely within the Region to promote, advertise, market and sell only those specific lots of coffee that have been certified directly by CQI or by its authorized In-Country Partner (“ICP”) as having met CQI’s specified standards of high quality (Q Coffee), and which shall be indicated by CQI’s Q Grade Certificate (“Certificate”). b. In the event a coffee has not been graded and received a Certificate before delivery, Licensee may initiate a grading directly through CQI or one of its ICPs. c. Licensee understands a grading fee is charged for certification services, which may vary, depending on the country in which the coffee is graded. The grading fee shall be paid by Licensee, or the Licensee’s supplier or other partner, at the time of grading. d. For purposes of certification, specific lots of coffee shall be no larger than the maximum number of bags that can be loaded into a standard transportable unit not to exceed 48,000 pounds or the equivelant net weight. Each specific lot will be graded and receive its own Certificate. There is no minimum lot size required for receiving a Certificate. e. Certificates will remain valid for twelve (12) months following the date on which the coffee is first graded. Coffee must be roasted and packed within the twelve (12) month period.
Sales by Licensee. 15 ----------------- 6.2 Compliance with Laws.......................................... 15 -------------------- 6.3 Technical Assistance.......................................... 15 --------------------
Sales by Licensee. Licensee, at all times during the term of this ----------------- Agreement, shall use its commercially reasonable efforts to promote and satisfy the demand for, and to manufacture and sell, the Products. Without, in any way, limiting the obligations of Licensee to use commercially reasonable efforts with respect to the manufacture and sale of Products as set forth in the preceding sentence, Licensor acknowledges that during the term hereof, Licensee may engage in, or have a direct or indirect interest in businesses that engage in, the manufacture or sale of products that compete with the Products.
Sales by Licensee. In the event that the Licensee sells any item of the Inventory (“the sale item”) the following conditions apply: (a) Unless prior written approval is obtained from the licensor the sale shall be at the approved retail price; (b) Unless agreed otherwise in writing the licensee shall be entitled to a commission of 20% of the approved retail price; (c) The record of sale issued by the licensee to the purchaser is to include the name of the licensor as the creator of the sales item and the wording “All copyrights to reproduction of the artwork(s) identified herein are retained by the artist”. In the event that a sale proceeds with the licensee failing to include the acknowledgement of the licensor as the creator of the sales item the licensee shall pay the licensor 10% of the approved retail price within 14 days of being requested by the licensor; (d) The title to the sale item is retained by the licensor until payment of the approved retail price less agreed commission is received by the licensor; (e) The sale item will be replaced by the licensor for inclusion in the Inventory at the earliest reasonable date, usually within four weeks; and (f) In the event of a sale by the licensor pursuant to a referral by the licensee, the licensee shall be entitled to a commission of 20% of the retail price received by the licensor.

Related to Sales by Licensee

  • Sublicensees 4.1 The Regents also grants to IntraBiotics the right to issue exclusive or nonexclusive sublicenses ("Sublicenses") to third parties to make, have made, use and sell [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Licensed Products and to practice Licensed Methods in the Field in any jurisdiction under which IntraBiotics has exclusive rights under this Agreement. All such Sublicenses shall be subject to the rights of The Regents under this Agreement, with the exception that Sublicensees need not pay the license issue fee provided for in Article 5, or patent costs provided for in Article 8. To the extent that IntraBiotics licenses third parties to make, have made, use and sell Licensed Products and to practice Licensed Methods that are covered solely by Joint Patent Rights, for the purposes of this Agreement, such licenses shall be considered Sublicenses. To the extent applicable, Sublicenses shall also be subject to the rights of the United States federal government under 35 U.S.C. Section 201-212. 4.2 IntraBiotics shall pay to The Regents, upon the Net Sales of Licensed Products sold or disposed of by Sublicensees, an earned royalty equal to [ * ] of the royalties received by IntraBiotics from its Sublicensees for products covered by Regents' Patent Rights, and an earned royalty equal to [ * ] for products covered solely by Joint Patent Rights. 4.3 IntraBiotics shall pay to The Regents [ * ] of all Sublicensing Income. Such payments shall be made quarterly in accordance with the payment schedule described in paragraph 10.3. 4.4 IntraBiotics shall provide to The Regents a copy of each Sublicense granted by IntraBiotics and a copy of all information submitted to IntraBiotics by Sublicensees relevant to the computation of the payments due from IntraBiotics to The Regents under this Article 4. 4.5 IntraBiotics shall use its best efforts to write its sublicense agreements so that upon termination of this Agreement for any reason, all outstanding Sublicenses will be assigned to The Regents and will remain in full force and effect under the same terms and conditions with The Regents as the licensor thereunder in the stead of IntraBiotics, but the duties of The Regents under such assigned Sublicenses shall not be greater than the duties of The Regents under this Agreement.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • By Licensee Licensee shall defend, indemnify, and hold harmless Licensor, its Affiliates, sublicensees, the licensors under the Existing Licenses, and their respective shareholders, members, partners, officers, trustees, faculty, students, contractors, agents, and employees (individually, a “Licensor Indemnified Party” and, collectively, the “Licensor Indemnified Parties”) from and against any and all Third Party liability, loss, damage, action, claim, fee, cost, or expense (including attorneys’ fees) (individually, a “Third Party Liability” and, collectively, the “Third Party Liabilities”) suffered or incurred by the Licensor Indemnified Parties from claims of such Third Parties that result from or arise out of: […***…]; provided, however, that Licensee shall not be liable for claims based on any breach by Licensor of the representations, warranties, or obligations of this Agreement or the gross negligence or intentional misconduct of any of the Licensor Indemnified Parties. Without limiting the foregoing, Licensee must defend, indemnify, and hold harmless the Licensor Indemnified Parties from and against any Third Party Liabilities resulting from: (a) any […***…] or other claim of any kind related to the […***…] by a Third Party of a […***…] by Licensee, its Affiliates, any Sublicensees, their respective assignees, or vendors; (b) any claim by a Third Party that the […***…]; and (c) […***…] conducted by or on behalf of Licensee, its Affiliates, any Sublicensees, their respective assignees, or vendors relating to the Licensed Technology or Licensed Products, including any claim by or on behalf of a […***…].

  • Sublicense Fees Licensee will pay Sublicense Fees indicated in Section 3.1(e) of the Patent & Technology License Agreement on or before the Quarterly Payment Deadline for the Contract Quarter.

  • Net Sales The term “