Diligence Milestones. Without limiting the it’s general diligence obligations under Section 3.1 above, Unity agrees that it shall achieve the following diligence milestones with respect to the Licensed Compound by the deadlines specified below:
1. [***] Within [***] ([***]) [***] of the Effective Date
2. [***] Within [***] ([***]) [***] of the Effective Date
3. [***] Within [***] ([***]) [***] of the Effective Date
4. [***] Within [***] ([***]) [***] of the Effective Date If Unity is unable to meet [***], as applicable, by the specified deadline, Unity shall none-the-less be deemed to be in compliance with its diligence obligations hereunder so long as it [***].
Diligence Milestones. ASOthera will use Commercially Reasonable Efforts to achieve each milestone specified below (each, a “Diligence Milestone”) for at least one Licensed Product:
(A) [*];
(B) [*];
(C) [*];
(D) [*];
(E) [*].
Diligence Milestones. Licensee shall use Commercially Reasonable Efforts to develop and commercialize Licensed Products and Licensed Services in the Field, directly or through one or more Sublicensees. Without limiting the foregoing, if Licensee, directly or through one or Sublicensees, fails to accomplish any one of the “Diligence Milestones” set forth in this Section 2.2.1 for a particular specific category of human disease set forth in such Diligence Milestone by the date specified (each a “Deadline Date”) corresponding to such Diligence Milestone, then COH shall have the right to exercise the rights set forth in Section 2.2.2 solely with respect to such category of human disease.
Diligence Milestones. (a) Licensee, at its sole expense, shall achieve each event listed below (each, a “Diligence Milestone”) by the corresponding achievement date (each, an “Achievement Date”):
Diligence Milestones. 20.1.1 Upon written request from Licensee to Licensor given prior to the scheduled deadline date to achieve a particular Diligence Milestone set forth in Section 2.4, Licensee may request a [*] extension of said Diligence Milestone deadline date; and said request shall be accompanied by evidence that demonstrates to Licensor’s reasonable satisfaction that Licensee (and/or its Affiliates and Sublicensees) have been devoting continued diligent efforts to achieve said Diligence Milestone; and Licensor shall grant the requested extension if Licensor approves the evidence and efforts, which approval will not be withheld unreasonably.
20.1.2 If a first extension has been granted pursuant to Section 201.1 for a particular Diligence Milestone deadline, Licensee may request a [*] extension for the same Diligence Milestone deadline, which request shall be made in accordance with the provisions set forth in Section 20.1.1; and if Licensor grants said request, Licensee shall pay [*] to Licensor as consideration for this second extension, payable within thirty (30) days after Licensee receives written notice that Licensor is willing to grant the extension, which extension will not be effective if said consideration is not paid by said due date. Any failure to so pay said consideration shall not entitle Licensee to make a later delayed payment during any default cure period that is otherwise specified in this Agreement for curing other defaults.
Diligence Milestones. Milestone Milestone Timing
Diligence Milestones. Within [***] after the Effective Date, BioCardia shall publish or present at a national conference data to validate that MNC produced using MarrowstimTM Technology has utility for the Field.
Diligence Milestones. LICENSEE shall market LICENSED PRODUCTS for sale, or LICENSED METHODS for performance, in the TERRITORY and the within the FIELD OF USE by December 31, 20YY and provide written notice to UNIVERSITY of the milestone within sixty (60) days of completion.
Diligence Milestones. Prior to signing this Agreement, Licensee shall have provided to Salk the Commercial Development Plan attached hereto as Exhibit B, under which Licensee intends to PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO THE COMPANY’S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. bring the subject matter of the Patent Rights to the point of commercial use. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Licensee’s failure to perform its obligations under Exhibit B will be considered a material breach of this Agreement. Salk shall provide Licensee with a notice that specifies the basis for such belief. Upon such notice, Licensee has thirty (30) days to respond in writing with proof of diligence and/or a plan for cure to Salk’s satisfaction or Salk has the right to terminate the Agreement.
Diligence Milestones. Without limiting Section 7.1, SutroVax shall meet the diligence milestones set forth in Exhibit C, directly or through one or more Affiliates or Sublicensees (except that the financial diligence milestone shall be achieved by SutroVax). In the event SutroVax fails to meet any diligence milestones within the applicable timelines set forth in Exhibit C despite using its Commercially Reasonable Efforts to do so, due to delays which are out of the reasonable control of SutroVax (e.g., changes to the regulatory pathways or other regulatory delays), Sutro agrees to [***]. The Parties agree that prior to the Amendment Effective Date SutroVax met the diligence milestones set forth in clauses 1, 2(a) and 2(b) of Exhibit C.
