Payments accrued prior to expiration. If any patent or patent application, or any VALID CLAIM thereof, included within REGENTS' PATENT RIGHTS expires or is held invalid in a final decision by a court of competent jurisdiction and last resort and from which no appeal has been or can be taken, all obligations to pay royalties based on such patent, patent application or VALID CLAIM, or any claims patentably indistinct therefrom will cease as of the date of such expiration or final decision. LICENSEE will not, however, be relieved from paying any royalties that accrued before such expiration or decision or that are based on another VALID CLAIM not expired or involved in such decision.
Payments accrued during each Royalty Quarter are due and payable in Ann Arbor, Michigan on the date each quarterly report is due (as provided in Paragraph 5.1). Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. LICENSEE shall include such payments, in United States dollars, with the report. LICENSEE agrees to make all payments due hereunder to MICHIGAN by check made payable to "The Regents of The University of Michigan," and sent to MICHIGAN according to the provisions for notices set forth in Article 21 herein.
