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  QUESTION 116 Sales- or usage-based royalties – milestone payments Tech Co licenses IP to Manufacturer that Manufacturer will utilize in products it sells to its customers over the license period. Tech Co will receive a fixed payment of $ 10 million in exchange for the license and milestone payments as follows: • An additional $ 5 million payment if Manufacturer’s cumulative sales exceed $ 100 million over the license period • An additional $ 10 million payment if Manufacturer’s cumulative sales exceed $ 200 million over the license period Tech Co. concludes that the license is a right to use IP. There are no other promises included in the contract. Does the sales-or usage-based royalty exception apply to the milestone payments?

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