Common use of Licensing Fee Clause in Contracts

Licensing Fee. LICENSEE shall pay to UNIVERSITY: (i) On or before thirty (30) calendar days after the EFFECTIVE DATE, a nonrefundable, not creditable (including against royalties or patent costs) initial license fee of [****] Dollars ($[****]); (ii) On or before the first anniversary of the EFFECTIVE DATE, a nonrefundable, not creditable (including against royalties or patent costs) second license fee of [****] Dollars ($[****]); (iii) On or before the second anniversary of the EFFECTIVE DATE, a nonrefundable, not creditable (including against royalties or patent costs) third license fee of [****]Dollars ($[****]); and CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. (iv) Within thirty (30) calendar days after the FIRST COMMERCIAL SALE of the first of either a LICENSED PRODUCT and/or a first service utilizing a LICENSED PROCESS in a cancer field other than multiple myeloma (e.g. breast cancer, kidney cancer, lung cancer, and all other cancers included in the LICENSED FIELD), LICENSEE shall pay to UNIVERSITY a non-refundable and not creditable (including against royalties or patent costs), additional licensing fee of [****] Dollars ($[****]) for such additional cancer field. For the avoidance of doubt, the payment under this Article 5.1(a) (iv) shall only be paid with respect to the first such additional cancer field for which the Company makes a FIRST COMMERCIAL SALE.