Onder 3.1 Gerechtshof Amsterdam 31 mei 2016

“(…) 3.b. Royalty-fee and Minimum Royalty. From the Effective Date [25 juni 2010, opm. hof] and during the continuance of this Agreement until the termination […] the Parties agree that the Licensee [Goglio,opm. hof] shall pay to SMQ, before the 30th of January of the year following each and all relevant calendar years: (1) a Royalty-fee based on an 8% royalty-rate […] (2) a Minimum Royalty of 50.000 Euros for the prior calendar year. This Minimum Royalty to be paid after the end of each specific calendar year shall be non-refundable, however, it may be set off or deducted against the Royalty-fees due after that specific calendar year by the Licensee according to Article 3.b (1) of this Agreement; if and insofar the Royalty-fees exceeds 50,000 Euros. All amounts payable by the Licensee to SMQ shall be paid (…) in immediately available funds (…). The Parties shall be entitled, upon prior agreement in writing duly signed by representatives of all the Parties for each specific case, to exceptionally define a royalty-rate, in punctual cases, different from the fixed royalty rate (8%) set forth in this Article 3.b in connection with the Royalty-fee to be paid by the Licensee to SMQ.

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