Common use of After Agreement Year 2005 and/or Termination Clause in Contracts

After Agreement Year 2005 and/or Termination. From and after the earlier to occur of the date of the termination of this Agreement (subject to the last sentence of this Article 6.2(b)) or December 31, 2005, Novartis shall continue to compensate Reliant at the rate of twenty percent (20%) of Net Sales in the first twelve (12) months after such date and ten percent (10%) of Net Sales in the subsequent twelve (12) months after such date. For purposes of calculating the compensation to Reliant payable pursuant to this Article 6.2(b), Net Sales shall include VA Net Sales. Payment of such compensation for all such periods shall be made within thirty (30) days following the end of each Month during such periods by wire transfer of immediately available funds to an account designated by Reliant. Thereafter, Novartis will not be obligated to further compensate Reliant, except as otherwise set forth herein. The foregoing notwithstanding, (i) in the event that this Agreement is terminated by Novartis under Article 7.5 or 15.7 hereof prior to December 31, 2005, the compensation amounts due to Reliant under this Article 6.2(b) shall be calculated by multiplying the amount otherwise due under this Article 6.2(b) by a fraction the numerator of which equals the number of months elapsed since the Effective Date as of the date of termination and the denominator of which equals sixty (60) and (ii) Reliant shall not be entitled to any compensation under this Article 6.2(b) following the termination of this Agreement prior to December 31, 2005 in the event that prior to December 31, 2005 (A) Reliant has not performed all material duties and obligations under this Agreement or (B) this Agreement was terminated by Novartis pursuant to Article 7.1, 7.2 or 7.4 or by either party pursuant to Article 7.3 hereof.

After Agreement Year 2005 and/or Termination. From and after the earlier to occur of the date of the termination of this Agreement (subject to the last sentence of this Article 6.2(b)) or December 31, 2005, Novartis shall continue to compensate Reliant at the rate of twenty percent (20%) of Net Sales in the first twelve (12) months after such date and ten percent (10%) of Net Sales in the subsequent twelve (12) months after such date[***]. For purposes of calculating the compensation to Reliant payable pursuant to this Article 6.2(b), Net Sales shall include VA Net Sales[***]. Payment of [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. such compensation for all such periods shall be made within thirty (30) days following the end of each Month during such periods by wire transfer of immediately available funds to an account designated by Reliant. Thereafter, Novartis will not be obligated to further compensate Reliant, except as otherwise set forth herein. The foregoing notwithstanding, (i) in the event that this Agreement is terminated by Novartis under Article 7.5 or 15.7 hereof prior to December 31, 2005, the compensation amounts due to Reliant under this Article 6.2(b) shall be calculated by multiplying the amount otherwise due under this Article 6.2(b) by a fraction the numerator of which equals the number of months elapsed since the Effective Date as of the date of termination and the denominator of which equals sixty (60) and (ii) Reliant shall not be entitled to any compensation under this Article 6.2(b) following the termination of this Agreement prior to December 31, 2005 in the event that prior to December 31, 2005 (A) Reliant has not performed all material duties and obligations under this Agreement or (B) this Agreement was terminated by Novartis pursuant to Article 7.1, 7.2 or 7.4 or by either party pursuant to Article 7.3 hereof.