Ocata Therapeutics Inc fka OCAT

[rocky301]

Example of commercial license ACT had with WARF,

A. License Fee.

In consideration of the rights granted under this Agreement, Licensee agrees to pay to WARF a license fee of Six Hundred Thousand Dollars ($600,000) (the “Initial License Fee”) in accordance with the payment schedule set forth herein this Section 4; provided, however, Licensee shall be entitled to a credit in the amount of Two Hundred Twenty Five Thousand Dollars ($225,000) representing the license fees paid to WARF by Licensee as required under the Research Agreement. Licensee shall pay to WARF the Initial License Fee in twelve (12) installments of $31,250 each. The installments shall be due on a quarterly basis as follows:

B. Royalty.

Licensee also agrees to pay to WARF as “earned royalties” a royalty of (i) four percent (4.0%) of the Net Selling Price of Therapeutic Products, and (ii) two percent (2.0%) of the Net Selling Price of Diagnostic Products and Research Products, sold or transferred under this Agreement. The royalty is deemed earned as of the earlier of the date the Licensed Product is actually sold, leased or otherwise transferred for consideration, the date an invoice is sent by Licensee, or the date a Licensed Product is transferred to a third party for any promotional reasons. Licensee acknowledges and agrees that the royalty paid hereunder is provided as additional consideration for the rights afforded under the Research Agreement which led to the discovery and/or development of the Licensed Products to be commercialized under this Agreement. Licensee is required to pay only one royalty with respect to a Licensed Product regardless of the number of patents or patent applications included within the Licensed Patents whose claims cover that Licensed Product.
http://www.sec.gov/Archives/edgar/data/1140098/000110465907062594/a07-18956_1ex10d1.htm