Infringement Payments definition
Infringement Payments means all collections, recoveries, damages, awards, settlement payments or any other payments, compensation or consideration of any kind which the Vendor is entitled to receive and are intended as compensation for deemed Net Sales under Sections 10.1 and 10.5 of the Kirin License Agreement, as a result of any litigation, arbitration or other legal proceeding to enforce the Kirin License Agreement or the Licensed Technology to the extent such litigation, arbitration or other legal proceeding results in payments arising from infringement of any of the Licensed Technology;
Infringement Payments means any net collections, recoveries, damages, awards or settlement payments that are actually paid to the Transferee (or the Transferor on its behalf) as a result of any settlement discussion, litigation, arbitration or other legal proceeding brought against third-party infringers by the Transferee (or the Transferor on its behalf) pursuant to Article 13 of the Counterparty Agreement, excluding any portion thereof payable to the Counterparty.
Infringement Payments means all collections, recoveries, damages, awards, settlement payments or other payments, compensation or consideration of any kind which are received by Medicure as damages, compensation or consideration for or in respect of any lost component of Net Sales as a result of any Proceeding to enforce the AGGRASTAT Proprietary Rights or the MC-1 Proprietary Rights, as the case may be, against any infringement thereof due to development, manufacture, marketing, import, export, offer to sell or sale of any product containing Tirofiban or P5P as the case may be.
Examples of Infringement Payments in a sentence
For clarity, the above Royalty Percentages are applicable to the incremental amounts of Net Sales and Infringement Payments occurring in any particular Fiscal Quarter.
For greater clarity, Birmingham shall be entitled to receive Royalty Payments in relation to only one of AGGRASTAT and MC-1 at a time, and, having exercised the Switch Option, Birmingham shall have no further right to switch Royalty Payments and shall have no further right or interest of any kind whatsoever in AGGRASTAT or Infringement Payments related to AGGRASTAT Proprietary Rights provided that Medicure-Barbados will remain obligated to pay all Royalty Payments accrued and owing up to the Switch Date.
More Definitions of Infringement Payments
Infringement Payments means all collections, recoveries, damages, awards, settlement payments or any other payments, compensation or consideration of any kind which are received by the Vendor and are intended as compensation for deemed Net Sales under Sections 9.7.2, 9.7.3 and 9.8.1 of the License Agreement and under Sections 8.6.2 and 8.6.3 of the Distribution Agreement, as applicable, in either case as a result of any litigation, arbitration or other legal proceeding to enforce the License Agreement or the Distribution Agreement, as applicable, the Licensed Technology or the NPS Trademarks to the extent such litigation, arbitration or other legal proceeding results in payments arising from infringement of any of the Licensed Technology or the NPS Trademarks;