Common use of Unexpected Results Clause in Contracts

Unexpected Results. In the event that after a royalty rate is set for a class of Products, subsequent developments, such as failure to obtain patent protection, much lower or higher market prices for a Product than projected, much lower or higher volumes of sales of Products than forecast, third party patent infringement claims or royalties payable to a Third Party on a Product, result in a material impact of greater than twenty percent (20%) on the projected Added Value on which the royalty rate was based, the Parties shall in good faith negotiate an adjustment to the royalty rate, within the range specified in the last sentence of Section 5.2.1(i), for such class of Products upon request of either party.

Appears in 2 contracts

Sources: Collaborative Research and License Agreement (Accelrys, Inc.), Collaborative Research and License Agreement (Symyx Technologies Inc)

Unexpected Results. In the event that after a royalty rate is set for a class of Products, subsequent developments, such as failure to obtain patent protection, much lower or higher market prices for a Product than projected, much lower or higher volumes of sales of Products than forecast, third party patent infringement claims or royalties payable to a Third Party on a Product, result in a material impact of greater than twenty percent (20%) [******] on the projected Added Value on which the royalty rate was based, the Parties shall in good faith negotiate an adjustment to the royalty rate, within the range specified in the last sentence of Section 5.2.1(i), for such class of Products upon request of either party.

Appears in 1 contract

Sources: Collaborative Research and License Agreement (Symyx Technologies Inc)