Completion of Payments. Subject to this Section 5.02(d), PII shall only be obligated to pay the Milestone Payments under Section 5.02(a), 5.02(b) and 5.02(c) once. For clarity, except as expressly provided below, once PII makes the Milestone Payment under either Section 5.02(a), 5.02(b) or 5.02(c) relating to the Development Plan, PII shall have no further obligation to make any further Milestone Payments under Section 5.02(a), 5.02(b) or 5.02(c) to RBX for any future occurrence of such milestone event relating to another program for the Development of the Compound for the Indication. In the event that PII pursues the Development of the Compound to treat an indication that is [*] (other than [*]), PII shall pay RBX the milestone payments set forth in Sections 5.02(a)-(c) upon the occurrence of the milestone event with respect to the Development of such Compound for such [*] indication. Notwithstanding the foregoing or anything to the contrary contained in this Agreement, in the event PII pursues the Development of the Compound (whether in a single or combination product) for the treatment of [*], the Parties shall negotiate in good faith the separate and additional milestone payments to be made by PII to RBX pursuant to such Development program; provided, however, that such separate and additional milestone payments must exceed those provided in this Section 5.02 in the aggregate.
Appears in 4 contracts
Samples: Option and License Agreement (Furiex Pharmaceuticals, Inc.), Option and License Agreement (Furiex Pharmaceuticals, Inc.), Option and License Agreement (Furiex Pharmaceuticals, Inc.)
