Common use of Transactions with Other Licensees Clause in Contracts

Transactions with Other Licensees. If Licensee SELLS a LICENSED PRODUCT to a third party under circumstances where such third party will RESELL such LICENSED PRODUCT and where such third party has a license under the LICENSED PATENTS to make, USE, SELL, offer to SELL, or import LICENSED PRODUCTS (a "third-party licensee"), the earned royalty on such SALE shall accrue and be paid with respect to such third-party licensee's RESALE of such LICENSED PRODUCT under such third-party licensee's license. If Licensee purchases a LICENSED PRODUCT from a third-party licensee for RESALE by Licensee, the earned royalty on such SALE shall accrue and be paid with respect to Licensee's RESALE of such LICENSED PRODUCT under this Agreement.

Appears in 2 contracts

Sources: License Agreement (BioVex Group, Inc.), License Agreement (BioVex Group, Inc.)