“Such a royalty”? No sir. No sir you are mistaken. I do believe there will be a royalty but small in comparison to the market the manufacturer gets or you will have pushed the price back up after working so hard to get it down close enough to have a competitive chance?
Based on the definition of "Eontec Licensed Product," IMO an item made without infringing any of LQMT's patents would NOT be considered an "Eontec Licensed Product." In which case, section 2.3 would not apply, and therefore, Eontec could import goods into the U.S. without breaching the agreement.
Further, royalties, let alone royalty rates, are not established by the agreement. All that is required is "written consent." With Li being the CEO of Liquidmetal, how hard would it be for him to grant such consent.
IMO, people have misunderstood the exclusivity provisions of the agreement and such misunderstandings stem from reading press releases and/or summaries of the agreement instead of reading the agreement itself. IMO, in LQMT's exclusive territories, LQMT has exclusive rights to use LQMT's IP; in Eontec's exclusive territories, Eontec has exclusive rights to use Eontec IP. However, such exclusivity doesn't prevent Eontec from selling non-infringing parts (i.e., parts that do not infringe LQMT's patents) in LQMT's exclusive territories. Similarly, LQMT isn't excluded from selling non-infringing parts (i.e., parts that do not infringe Eontec's patents) in Eontec's exclusive territories.