Provision Language
6. ROYALTIES AND REIMBURSEMENT
6.1 The Licensee agrees to pay NIAID a noncreditable, nonrefundable license issue royalty as set forth in Appendix C.
6.2 The Licensee agrees to pay the NIAID a minimum annual royalty as set forth in Appendix C.
6.3 The Licensee agrees to pay the NIAID earned royalties as set forth in Appendix C.
6.4 The Licensee agrees to pay the NIAID benchmark royalties as set forth in Appendix C.
6.5 The Licensee agrees to pay the NIAID sublicensing royalties as set forth in Appendix C.
6.6 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:
(a) the application has been abandoned and not continued;
(b) the patent expires or irrevocably lapses; or
(c) 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.
6.7 No multiple royalties shall be payable because any Licensed Products or Licensed Processes are covered by more than one of the Licensed Patent Rights.