Sublicensees Net Sales

Sublicensees Net Sales. Shall mean the total of all fees, amounts, payments, and other consideration charged by the Sublicensee for the manufacture, use, sale, rental or lease of Licensed Products/Services, less returns and customary trade discounts actually taken, outbound freight, value added, sales or use taxes, and custom duties. With respect to each component constituting a Licensed Products/Services that is sold as part of a system or combination product, such fees, amounts, payments, or other consideration... shall be equal to the amount determined by multiplying (i) the percentage represented by the retail price of such component when sold individually divided by the retail price of all of the components of a system or combination product when sold individually, by (ii) the system or combination product price. In the event such component is not sold individually, Sublicensee's Net Sales shall be based upon an allocation to be mutually agreed to in good faith by Columbia and Company, based upon the proportion of the value of such system or combination product that could not be sold by the Company or its Affiliate without the benefit of the license granted pursuant hereto. View More