/Docs/G/NIH-License-Patent-Exclusive-CmA/Sec/0.md
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Royalties and Reimbursement
  1. Licensee agrees to pay IC a noncreditable, nonrefundable license issue royalty as set forth in Appendix C.
  2. Licensee agrees to pay IC a nonrefundable minimum annual royalty as set forth in Appendix C.
  3. Licensee agrees to pay IC earned royalties as set forth in Appendix C.
  4. Licensee agrees to pay IC benchmark royalties as set forth in Appendix C.
  5. Licensee agrees to pay IC sublicensing royalties as set forth in Appendix C.
  6. A patent or patent application licensed under this Agreement shall cease to fall within the Licensed Patent Rights for the purpose of computing earned royalty payments in any given country on the earliest of the dates that:
    1. the application has been abandoned and not continued;
    2. the patent expires or irrevocably lapses, or
    3. the patent has been held to be invalid or unenforceable by an unappealed or unappealable decision of a court of competent jurisdiction or administrative agency.
  7. No multiple royalties shall be payable because any Licensed Products or Licensed Processes are covered by more than one of the Licensed Patent Rights.
  8. On sales of the Licensed Products by Licensee to sublicensees or on sales made in other than an arms length transaction, the value of the Net Sales attributed under this Article 6 to this transaction shall be that which would have been received in an arms length transaction, based on sales of like quantity and quality products on or about the time of this transaction.
  9. With regard to unreimbursed expenses associated with the preparation, filing, prosecution, and maintenance of all patent applications and patents included within the Licensed Patent Rights and paid by IC prior to the effective date of this Agreement, Licensee shall pay IC, as an additional royalty, within sixty (60) days of IC’s submission of a statement and request for payment to Licensee, an amount equivalent to these unreimbursed expenses previously paid by IC.
  10. With regard to unreimbursed expenses associated with the preparation, filing, prosecution, and maintenance of all patent applications and patents included within the Licensed Patent Rights and paid by IC on or after the effective date of this Agreement, IC, at its sole option, may require Licensee:
  11. IC agrees, upon written request, to provide Licensee with summaries of patent prosecution invoices for which IC has requested payment from Licensee under Paragraphs 6.9 and 6.10. Licensee agrees that all information provided by IC related to patent prosecution costs shall be treated as confidential commercial information and shall not be released to a third party except as required by law or a court of competent jurisdiction.
  12. Licensee may elect to surrender its rights in any country of the Licensed Territory under any of the Licensed Patent Rights upon ninety (90) days written notice to IC and owe no payment obligation under Paragraph 6.10 for patent-related expenses paid in that country after ninety (90) days of the effective date of the written notice.