A license agreement will generally have provisions governing what may happen if a royalty payment is missed. If there are no specific provisions in the license, this type of breach would likely be considered material and the Licensor can likely take legal action. However, without reviewing the license agreement and knowing the underlying facts, it is impossible to provide any guidance.

This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question. This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us.

Philip Braginsky, Sills Cummis and Gross

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