Exclusivity Payments. Subject to Subsection 3.1.4 below, Oxford agrees to pay StemCell annual exclusivity payments (the “Exclusivity Payments”) as follows:
(a) $[***] on the first Agreement Anniversary Date following First Regulatory Approval;
(b) $[***] on the second Agreement Anniversary Date following First Regulatory Approval;
(c) $[***] on the third Agreement Anniversary Date following First Regulatory Approval; and
(d) $[***] on the fourth and all subsequent Agreement Anniversary Dates following First Regulatory Approval during the Term.
Exclusivity Payments. To continue the Exclusivity Period as contemplated in Section 3.5 above, AES shall pay to A123 an amount equal to [**] percent ([**]%) of the net income generated directly by each Grid Service System supplied to AES by A123 hereunder as long as A123 is not selling Grid Service Systems to Third Parties without the written consent of AES ("Exclusivity Payments"). The Exclusivity Payments will be calculated and paid [**] in arrears over the Warranty Period of the applicable Grid Service Systems. Should A123 decide to make such sales to Third Parties without the consent of AES, the Exclusivity Payments shall terminate automatically immediately upon the effective date of such sale. Upon termination of the Exclusivity Payments as provided in the preceding sentence or the expiration of the Initial Exclusivity Period, whichever is the last to occur, A123 shall be free to sell Grid Service Systems to Third Parties without restriction, subject to the royalty and price preference provisions set forth herein.
Exclusivity Payments. (a) In consideration of SeaWorld agreeing to the exclusivity arrangements set out in Clause 3.1 (Exclusivity) until 31 December 2018, ZH shall pay SeaWorld:
(i) for the period from the Effective Date until 31 December 2017, one million US Dollars (US$1,000,000) within thirty (30) Days of the Effective Date; and
(ii) for the period from 1 January 2018 until 31 December 2018, one million five hundred thousand US Dollars (US$1,500,000) on or before 1 January 2018.
(b) If ZH wishes to exercise its option to extend the exclusivity arrangements set out in Clause 3.1 (Exclusivity) until 31 December 2019, in consideration of SeaWorld agreeing to extend the Initial Exclusivity Period until such date, it shall pay SeaWorld one million five hundred thousand US Dollars (US$1,500,000) on or before 31 December 2018 (the “Exclusivity Extension Fee”).
(c) If the Parties mutually agree to extend the Initial Exclusivity Period beyond 31 December 2019, the consideration payable to SeaWorld in respect of SeaWorld agreeing to such extended exclusivity period shall be as mutually agreed between the Parties.
Exclusivity Payments. AES will pay A123 exclusivity payments in accordance with Section 4.3 of the JDSA with respect to this Purchase Order. For the avoidance of doubt, it is acknowledged that AES's requirement related to additional Volume Orders under Section 3.5 of the JDSA shall remain in effect during the Initial Term.
Exclusivity Payments. (a) In consideration of the exclusivity obligations set forth in Section 7, Amgen will have the option but not the obligation to pay to BIND the following Exclusivity Payments on the corresponding Due Date: Due Date Exclusivity Payment [***] [*** ] [***] [*** ] [***] [*** ] [***] [*** ] [***] [*** ]
(b) Amgen may initiate the Extended Exclusivity Period at any time during the Term; provided that, if Amgen initiates the Extended Exclusivity Period at any time after the expiration of the Initial Exclusivity Period (such interim period is the “Exclusivity Lapse Period”), then Amgen shall be obligated to pay an amount equal to [***] of each of the Exclusivity Payments listed above for the Exclusivity Lapse Period. Any early payment of an Exclusivity Payment will not extend the Exclusivity Period. Amgen may inquire of BIND if the exclusivity specified in Section 7.1 is still available during any such deferral.
(c) For clarity, (i) Amgen will not be obligated to make any Exclusivity Payments, but absent payment of any or all Exclusivity Payments when due (subject to deferral as provided in Section 9.6(b)), the Exclusivity Period will end as provided in the definition thereof, and (ii) no previously paid Exclusivity Payments will be reimbursed even if the Exclusivity Period ends.
Exclusivity Payments. For the […***…] payment of $[…***…] ([…***…] DOLLARS) to be paid by PURCHASER to SELLER commencing upon the Effective Date (and recurring on […***…]), SELLER agrees to provide Exclusivity for the […***…] New Molecules as described above. PURCHASER may in accordance with the procedure set forth in Paragraph 5 below, with written notice to SELLER, add additional compounds/molecules to the […***…] New Molecules for an additional, […***…] payment of $[…***…].
Exclusivity Payments. In addition to the Development Fee and subject to Section 4.4, Licensee shall pay MAX the following, provided that and as a precondition to such payment, MAX has provided to Licensee evidence confirming that MAX owns, or has the valid right, title and interest to exploit, transfer, license and use, all of the i.c.LiveTechnology, and has taken all actions reasonably necessary to protect the i.c.LiveTechnology, as provided in section 5.4 (collectively, the "Exclusivity Payments"):
(1) Prior to the execution of this Agreement, Licensee has paid to MAX the sum of $115,000 (the "Preliminary Exclusivity Payment");
(2) Commencing on the first day of the month next succeeding the month in which the Developed Technology is accepted, as provided in Sections 2.9 and 2.10 and so long as Licensee has not delivered a Notice of Savings Election (as such term is defined in Section 2.10 of this Agreement) to MAX, and continuing on the first day of each of the five (5) months thereafter, (the "Initial Exclusivity Payment Period"), Licensee shall pay to MAX the greater of (i) $0, or (ii) fifteen percent (15%) of Licensee's Gross Profit (as defined below) for the immediately preceding month.
Exclusivity Payments. Insurion has paid Lycos .
Exclusivity Payments. In consideration for the grants of exclusivity set forth in Section 2.5 in connection with the Combination Collaboration, AstraZeneca will pay to Fusion the following fees within [***] of issuing the applicable election notice:
7.3.1. [***] in the event that AstraZeneca issues a Combination Target Validation Trial Notice (the “Specific Combination Evaluation Exclusivity Fee”).
7.3.2. [***] in the event that AstraZeneca issues an Exclusive Combination Development Election Notice (the “Specific Combination Development Exclusivity Fee”).
Exclusivity Payments
