Common use of For ECD Products Clause in Contracts

For ECD Products. GSK shall pay to FivePrime the amount set forth below for the achievement of the corresponding milestone for each ECD Product: *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Milestone Event Amount Upon initiation of the first GLP toxicology study $*** Upon Initiation of a Phase 1 Clinical Trial $*** Upon Initiation of a Phase 2 Clinical Trial $*** Upon Initiation of a Phase 3 Clinical Trial $*** Upon acceptance of the first application for Marketing Authorization in the US $*** Upon acceptance of the first application for Marketing Authorization in the EU $*** Upon acceptance of the first application for Marketing Authorization in Japan $*** Upon acceptance of the first application for Marketing Authorization in China $*** Upon acceptance of the first application for Marketing Authorization in all of South America $*** First Commercial Sale in the US $*** First Commercial Sale in at least *** of the Major Markets $*** First Commercial Sale in Japan $*** First Commercial Sale in China $*** First Commercial Sale in all of South America $***

For ECD Products. Subject to Section 6.3.3(d), GSK shall pay to FivePrime the amount set forth below for the achievement of the corresponding milestone for each ECD Product: *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933For the avoidance of doubt, AS AMENDEDif GSK is paying milestone payments under Section 6.3.3(d) with respect to a Licensed Product, such milestone payments shall be paid in lieu of, and not in addition to, any milestone payments that would have otherwise been due under this Section 6.3.3(a) with respect to such Licensed Product. Milestone Event Amount Upon initiation of the first GLP toxicology study $*** Upon Initiation of a Phase 1 Clinical Trial $*** Upon Initiation of a Phase 2 Clinical Trial $*** Upon Initiation of a Phase 3 Clinical Trial $*** Upon acceptance of the first application for Marketing Authorization in the US $*** Upon acceptance of the first application for Marketing Authorization in the EU $*** Upon acceptance of the first application for Marketing Authorization in Japan $*** Upon acceptance of the first application for Marketing Authorization in China $*** Upon acceptance of the first application for Marketing Authorization in all of South America $*** First Commercial Sale in the US $*** First Commercial Sale in at least *** of the Major Markets $*** First Commercial Sale in Japan $*** First Commercial Sale in China $*** First Commercial Sale in all of South America $*** *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL