BENCHMARKS AND PERFORMANCE. Licensee agrees to the following Benchmarks for its performance under this Agreement and, within thirty (30) days of achieving a Benchmark, shall notify PHS that the Benchmark has been achieved. Regulatory Benchmarks for the Prime Indications
BENCHMARKS AND PERFORMANCE. The Licensee agrees to the following Benchmarks for its performance under this Agreement and, within thirty (30) days of achieving a Benchmark, shall notify the NIH that the Benchmark has been achieved. Benchmark Deadline
BENCHMARKS AND PERFORMANCE. Licensee agrees to the following Benchmarks for its performance under this Agreement and, within [***] of achieving a Benchmark, shall notify PHS that the Benchmark has been achieved.
BENCHMARKS AND PERFORMANCE. Licensee agrees to the following Benchmarks for its performance under this Agreement and, within ten (10) days of achieving a Benchmark, shall notify PHS that the Benchmark has been achieved. Not Done
BENCHMARKS AND PERFORMANCE. The Licensee agrees to the following Benchmarks for its performance under this Agreement and, within thirty (30) days of achieving a Benchmark, shall notify the NIAID that the Benchmark has been achieved. Benchmarks for elderly RSV vaccination indication
BENCHMARKS AND PERFORMANCE. [***] [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. APPENDIX E—COMMERCIAL DEVELOPMENT PLAN [***] [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. APPENDIX F—EXAMPLE ROYALTY REPORT [***] [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. APPENDIX G—ROYALTY PAYMENT OPTIONS [***] [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
BENCHMARKS AND PERFORMANCE. Now therefore, PHS and Licensee, intending to be bound, hereby mutually agree to the following:
BENCHMARKS AND PERFORMANCE. Licensee agrees to the following Benchmarks for its performance under this Agreement and, within thirty (30) days of achieving a Benchmark, shall notify PHS that the Benchmark has been achieved. Regulatory Benchmarks for the Prime Indications For the Anti-cancer therapeutic indication (for C1-IB-MECA):
BENCHMARKS AND PERFORMANCE g. The following Paragraph 6.13 shall be added to the Agreement:
BENCHMARKS AND PERFORMANCE. Licensee agrees to the following Benchmarks for its performance under this Agreement and from the effective date of this Agreement and, within [*] of achieving a Benchmark, shall notify PHS that the Benchmark has been achieved. Duration Cumulative [*] CONFIDENTIAL PHS Patent License Agreement—Exclusive Model 10-2005 (updated 4-2010) Page 23 of 27 [Final] [GlobeImmune, Inc] [February 29, 2012] SV1805701.4 GlobeImmune - Patent Lic. Agt. (Exclusive) - PHS (jointly owned ip) [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. APPENDIX E — COMMERCIAL DEVELOPMENT PLAN Commercial Development and Marketing Plan Based on the outcome of pre-clinical studies and human clinical trials and the subsequent approval by the appropriate regulatory agencies, marketing and sales strategies in the designated countries will be finalized. The Licensed Product will be marketed in the Licensed Territory by Licensee or through one or several pharmaceutical companies with established regional marketing capabilities. An outline of the development plan is provided below. • Under CRADA 02264, Licensee and the NIH will jointly explore combination preclinical studies with various other immunotherapy platform technologies. • [*] CONFIDENTIAL PHS Patent License Agreement—Exclusive Model 10-2005 (updated 4-2010) Page 24 of 27 [Final] [GlobeImmune, Inc] [February 29, 2012] SV1805701.4 GlobeImmune - Patent Lic. Agt. (Exclusive) - PHS (jointly owned ip) [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. APPENDIX F — EXAMPLE ROYALTY REPORT Required royalty report information includes: • XXX license reference number (L-XXX-200X/0) • Reporting period • Catalog number and units sold of each Licensed Product (domestic and foreign) • Gross Sales per catalog number per country • Total Gross Sales • Itemized deductions from Gross Sales • Total Net Sales • Earned Royalty Rate and associated calculations • Gross Earned Royalty • Adjustments for Minimum Annual Royalty (MAR) and other creditable payments made • Net Earned Royalty due Example Catalog Number Product Name Country Units Sold Gross Sales (US$) 1 A US 250 62,500 1 A UK 32 16,500 1 A France 25 15,625 2 B US 0 0 3 C US 57 57,...
