Development Milestone Event Milestone Payment. 1 […***…] […***…] 2 […***…] […***…] 3 […***…] […***…] 4 […***…] […***…] 5 […***…] […***…] 6 […***…] […***…] 7 […***…] […***…] 8 […***…] […***…] Total […***…] † The specific required criteria known as “D4” are, as of the Effective Date, set forth in that certain email communication from Bayer to Dimension dated April 30, 2014. *** Confidential Treatment Requested *** Each milestone payment is payable […***…], regardless of the number of times the corresponding event is achieved by a Licensed GT Product and/or Licensed Treatment and regardless of the number of Licensed GT Products and/or Licensed Treatments to achieve such event. Under no circumstances shall Bayer be obligated to pay Dimension more than […***…] pursuant to this Section 6.2. For the avoidance of doubt, the Parties acknowledge and agree that, (a) with respect to Milestone […***…] above, in the event that some but not all of the criteria for […***…] are met for a Licensed Product and/or Licensed Treatment, such that there is no current achievement of […***…] as defined, then to the extent the subsequent milestone event (i.e., Milestone […***…]) is achieved at a later date for such Licensed Product and/or Licensed Treatment, […***…] shall be deemed to have occurred at such later date and the corresponding milestone payments for both Milestone […***…] and Milestone […***…] shall be paid together; and (b) if the […***…], then all development milestone events relating to […***…] shall be deemed to have been met. To that end, if for any reason, any such related milestone payments have not been made, such milestone payments shall be due and owing upon […***…]. For example: if […***…] and any of Milestone Events […***…] or […***…] have not been paid for any reason, all such unpaid milestones shall be paid together with the payment of the milestone payment for the achievement of development Milestone Event […***…].
Development Milestone Event Milestone Payment. 1. Upon [***]. ¥[***]
Development Milestone Event Milestone Payment. (i) Earlier of (a) the first Successful Completion of a Phase 1 Clinical Trial, following the ad hoc JSC meeting pursuant to Section 4.4(b) to evaluate the tabulated data from such trial or (b) Initiation of the first Phase 2 PoC Clinical Trial Four million Dollars ($4,000,000) [**] [**] [**] [**] [**] [**] [**] [**] [**] [**] [**] [**] Total Either • Fifty million five hundred thousand Dollars ($50,500,000) (if milestone (iv) above is achieved on or before [**]) or • Forty-three million Dollars ($43,000,000) (if milestone (iv) above is achieved on or after [**]) Each milestone payment is payable one time only, regardless of the number of times the corresponding event is achieved by a Licensed Product and regardless of the number of Licensed Products to achieve such event. Under no circumstances shall Jazz be obligated to pay Concert more than fifty million five hundred thousand Dollars ($50,500,000) pursuant to this Section 6.3. If a milestone event set forth in (ii) through (v) of the table above is achieved prior to the achievement of an earlier milestone set forth in (i) through (iv) of the table above, or if a milestone event set forth in (vi) and (vii) of the table above is achieved prior to the achievement of an earlier milestone set forth in (i), (ii) or (vi) of the table above, then payment for such earlier unachieved milestone payment shall be due and payable simultaneously with the payment of the later milestone event.
Development Milestone Event Milestone Payment. First IND Acceptance for a Licensed Product [***] Initiation of the first Phase 2 Clinical Trial of a Licensed Product [***] Initiation of the first Pivotal Clinical Trial of a Licensed Product [***] First Regulatory Approval of a Licensed Product in the U.S. for a first Indication [***] First Regulatory Approval of a Licensed Product in the U.S. for a second Indication [***] First Regulatory Approval of a Licensed Product in the U.S. for a third Indication [***] First approval of a BLA for a Licensed Product by the EMA [***] First approval of a BLA for a Licensed Product in Japan [***] Each milestone payment set forth above shall be payable only once, regardless of the number of times the applicable milestone event is achieved by any Licensed Product and regardless of the number of Licensed Products to achieve the applicable milestone event. Under no circumstances shall Kxxxxx be obligated to pay GigaGen more than twenty million Dollars ($20,000,000) under this Section 4.2.
Development Milestone Event Milestone Payment. Initiation of the first [***] Clinical Trial [***] Dollars ($[***]) First Regulatory Approval in [***] [***] Dollars ($[***]) First Regulatory Approval by [***] [***] Dollars ($[***]) First Regulatory Approval in [***] [***] Dollars ($[***]) Total Fifty-two million five hundred thousand Dollars ($52,500,000) [***] = CERTAIN CONFIDENTIAL INFORMATION OMITTED Each milestone payment is payable one time only for each Exclusive Program, regardless of the number of times the corresponding event is achieved by an Exclusive Product in each Exclusive Program and regardless of the number of Exclusive Products in each Exclusive Program to achieve such event. Under no circumstances shall Ziopharm be obligated to pay Precigen more than fifty-two million five hundred thousand Dollars ($52,500,000) pursuant to this Section 6.2 for each Exclusive Program or more than [***] Dollars ($[***]) in total for all four Exclusive Programs under this Agreement.
Development Milestone Event Milestone Payment. Upon submission of IND to the NMPA for a Licensed Product [**] Upon dosing of the first patient in a Phase 3 Clinical Trial of a Licensed Product in mainland China [**] Upon NDA approval of a Licensed Product for a first Indication in the Beijing SL Territory [**] Upon NDA approval of a Licensed Product for each additional Indication (other than the first Indication) in the Beijing SL Territory [**]
Development Milestone Event Milestone Payment. Initiation of the first [*****] Clinical Trial [*****] Dollars ($[*****]) First Regulatory Approval in [*****] [*****] Dollars ($[*****]) First Regulatory Approval by [*****] [*****] Dollars ($[*****]) First Regulatory Approval in [*****] [*****] Dollars ($[*****]) Total Fifty-two million five hundred thousand Dollars ($52,500,000) Each milestone payment is payable one time only for each Exclusive Program, regardless of the number of times the corresponding event is achieved by an Exclusive Product in each Exclusive Program and regardless of the number of Exclusive Products in each Exclusive Program to achieve such event. Under no circumstances shall Ziopharm be obligated to pay Precigen more than fifty-two million five hundred thousand Dollars ($52,500,000) pursuant to this Section 6.2 for each Exclusive Program or more than [*****]Dollars ($[*****]) in total for all four Exclusive Programs under this Agreement. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.
Development Milestone Event Milestone Payment. The aggregate Net Sales of Licensed Products in the Territory in a calendar year exceed two hundred million Dollars ($200,000,000) [***] The aggregate Net Sales of Licensed Products in the Territory in a calendar year exceed five hundred million Dollars ($500,000,000) [***] Under no circumstances shall Kxxxxx be obligated to pay GigaGen more than eight million Dollars ($8,000,000) pursuant to this Section 4.3.
Development Milestone Event Milestone Payment. [*] [*] In the event that a milestone payment with respect to milestone event [*] has not been paid at such time as milestone event [*] is achieved, then Mylan shall pay Revance such unpaid milestone payment with respect to milestone event [*] along with its payment for the first of such later milestone events ([*]) to occur. In the event that a milestone payment with respect to milestone event [*] has not been paid at such time as milestone event [*] is achieved, then Mylan shall pay Revance such unpaid milestone payment with respect to milestone event [*] along with its payment for milestone event [*]. In the event that a milestone payment with respect to milestone event [*] has not been paid at such time as a milestone event [*] is achieved, then Mylan shall pay Revance such unpaid milestone payment with respect to milestone event [*] along with its payment for milestone event [*].
Development Milestone Event Milestone Payment. Successful Completion of the first Phase II Clinical Trial in a pulmonary infection, including CF, BE and NTM [***] Initiation of first Phase III Clinical Trial in a pulmonary infection including CF, BE and NTM [***] First Marketing Approval in a pulmonary infection (including CF, BE and NTM) obtained by Savara or its Affiliate or Sublicensee in either the USA, EU or Japan [***] Table 4 in Section 6.1 shall be deleted and replaced as follows: Table 4: eFlow Inline-Option Payments Milestone Event Milestone Payment Exercise of the eFlow Inline-Option [***] Successful Completion of the first Phase II Clinical Trial with the eFlow Inline in an Indication [***] Initiation of the first pivotal Phase III Clinical Trial with the eFlow Inline [***] First submission of NDA (or equivalent) for delivery via the eFlow Inline in either the USA, EU or Japan [***] First Marketing Approval of the Drug Product for delivery via the eFlow Inline obtained by Savara or its Affiliate or Sublicensee in either the USA, EU or Japan [***]
