Common use of Agreement Payments Clause in Contracts

Agreement Payments. The Parties agree to Agreement Payments that achieve, after each Agreement Payment, an as adjusted proportion of Affimed In-Scope Adjusted Revenue to total In-Scope Adjusted Revenue (Affimed In-Scope Adjusted Revenue plus Artiva In-Scope Adjusted Revenue) equal to sixty-seven percent (67%) (the “Agreed Value”), unless otherwise adjusted pursuant to Section 16. Commencing upon the First Commercial Sale of any In-Scope Adjusted Revenue in the Field in the Territory and continuing during the Agreement Payments Term on a quarterly basis, Artiva shall pay to Affimed (or its designated Affiliate), or Affimed (or its designated Affiliate) shall pay to Artiva, a payment as follows (the “Agreement Payments”): Agreement Payment = [ [ (In-Scope Affimed Adjusted Revenue ) + (In-Scope Artiva Adjusted Revenue ) ] x Agreed Value ] - In-Scope Affimed Adjusted Revenue If the calculated Agreement Payment is a positive amount, Artiva shall pay the Agreement Payment for such Calendar Quarter to Affimed (or its designated Affiliate). If the calculated Agreement Payment is a negative amount, Affimed (or its designated Affiliate) shall pay the Agreement Payment for such Calendar Quarter to Artiva. The Parties shall agree in writing on the Agreement Payment for a Calendar Quarter within [*****] days following the receipt of both the In-Scope Artiva Adjusted Revenue report and In-Scope Affimed Adjusted Revenue report for such Calendar Quarter, and the Party owing the Agreement Payment shall make such payment within [*****] after such agreement. [*****].

Agreement Payments. The Parties agree to Agreement Payments that achieve, after each Agreement Payment, an as adjusted proportion of Affimed In-Scope Adjusted Revenue to total In-Scope Adjusted Revenue (Affimed In-Scope Adjusted Revenue plus Artiva In-Scope Adjusted Revenue) equal to sixty-seven percent (67%) (the “Agreed Value”), unless otherwise adjusted pursuant to Section 16. Commencing upon the First Commercial Sale of any In-Scope Adjusted Revenue in the Field in the Territory and continuing during the Agreement Payments Term on a quarterly basis, Artiva shall pay to Affimed (or its designated Affiliate), or Affimed (or its designated Affiliate) shall pay to Artiva, a payment as follows (the “Agreement Payments”): Agreement Payment = [ [ (In-Scope Affimed Adjusted Revenue ) + (In-Scope Artiva Adjusted Revenue ) ] x Agreed Value ] - In-Scope Affimed Adjusted Revenue If the calculated Agreement Payment is a positive amount, Artiva shall pay the Agreement Payment for such Calendar Quarter to Affimed (or its designated Affiliate). If the calculated Agreement Payment is a negative amount, Affimed (or its designated Affiliate) shall pay the Agreement Payment for such Calendar Quarter to Artiva. The Parties shall agree in writing on the Agreement Payment for a Calendar Quarter within [*****] days following the receipt of both the In-Scope Artiva Adjusted Revenue report and In-Scope Affimed Adjusted Revenue report for such Calendar Quarter, and the Party owing the Agreement Payment shall make such payment within [*****] after such agreement. [*****].