Milestone Extensions Sample Clauses

Milestone Extensions. Each Milestone (and each subsequent Milestone, including the Expected Commercial Operation Date and the Guaranteed Commercial Operation Date, as applicable) shall be extended to the extent reasonably required following an event of Force Majeure or Buyer’s breach of this Agreement, in each case, that impacts the achievement of such Milestone.
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Milestone Extensions. If, despite its diligent efforts and continued development activities, LICENSEE is unable to achieve the milestones in paragraph 5.02 above, LICENSEE may extend the deadlines for such milestones for a period of no more than eighteen (18) months by making extension fee payments of One Thousand Dollars ($1,000) per month. LICENSEE shall have the opportunity to purchase such an extension only once for any one of the above milestones, and shall be able to purchase no more than three extensions during the term of this Agreement. In order to effect such extension, LICENSEE shall provide a written request to SYSTEM identifying the length of the extension requested, and remit to SYSTEM payment of the fee for the first month of the extension no less than thirty (30) days prior to the deadline for the milestone, which if extended for more than one month, payments for the additional months of the extension shall be due thirty (30) days prior to the first day of each month of the extension.
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Milestone Extensions. (a) Each Milestone (including, without limitation, the deadlines for Construction Start, the Initial Delivery Date, Partial Commercial Operation and Full Commercial Operation) shall be extended on a day-for-day basis without imposition of Delay Damages under Section 3.5 to the extent Seller is unavoidably delayed in achieving such Milestone due to (a) the failure by Buyer to perform any covenant or obligation under this Agreement, (b) Force Majeure, or (c) either (i) the failure of Seller and the Transmission Provider at the Point of Delivery to have executed a mutually-acceptable interconnection agreement for the delivery of Facility Energy at the Point of Delivery, or (ii) the failure of the Transmission Provider at the Point of Delivery to achieve the in-service interconnection date for the Facility’s interconnection facilities, in the case of either (i) or (ii), by the date that is sixty (60) days before the Expected Initial Delivery Date, but in the case of either (i) or (ii), only to the extent such failure is not the direct or indirect result of the fault or negligence of Seller or any of its Affiliates, or the direct or indirect result of any delay in the engineering and procurement (if applicable), construction and installation of the portion of interconnection facilities required to be constructed or installed by Seller or any of its Affiliates. (b) The deadline for achievement of each Milestone other than Full Commercial Operation shall be extended on a day-for-day basis without the imposition of Delay Damages under Section 3.5 for each day any of the Seller Conditions remain unsatisfied after October 31, 2012. The deadline for achievement of Full Commercial Operation shall be extended on a day-for-day basis without the imposition of Delay Damages under Section 3.5 for each day any of the Seller Conditions remain unsatisfied after December 31, 2012.
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Milestone Extensions. If AADi fails to achieve any of its obligations specified in Sections 4.2 hereof, through no fault of Abraxis, AADi shall have the right, [***]. [***]. Thereafter, if AADi fails to achieve any of the [***] milestones, through no fault of Abraxis, then, subject to the Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of the type that the registrant treats as private and confidential. cure provisions of Section 11.4(b) hereunder, [***]. This right to [***], if exercised by Abraxis, supersedes the rights granted in Article 2 hereof. [***].
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Milestone Extensions. If LICENSSEE is unable to meet any of the Diligence Milestones, UTRF will grant to LICENSEE, upon LICENSEE’s written request, a six-month extension of time to meet any missed milestone (“Milestone Extension”), subject to the following: (a) UTRF has no obligation to grant Licensee more than two (2) Milestone Extensions per Diligence Milestone and six (6) Milestone Extensions in the aggregate; (b) In consideration of each Milestone Extension that UTRF grants, LICENSEE shall, within thirty (30) days, pay UTRF a Milestone Extension fee of Fifty Thousand Dollars ($50,000 USD) for each of the first two (2) extensions, Seventy-Five Thousand Dollars ($75,000 USD) for each of the next two (2) extensions, and One-Hundred Thousand Dollars ($100,000 USD) for each further extension; and (c) Each Milestone Extension granted shall be considered to apply to the specific Diligence Milestone for which it is granted.
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Related to Milestone Extensions

  • Time Extensions 2.03.1 If Contractor requests an extension of time to complete its performance, then the Director, in consultation with the CPO, may, in his or her sole discretion, extend the time so long as the extension does not exceed 90 days. The extension must be in writing but does not require amendment of this Agreement. Contractor is not entitled to damages for delay(s) regardless of the cause of the delay(s).

  • Time Extension CONTRACTOR shall provide a time extension request on completion of Task Order for delays caused by others (Permitting Agencies, COUNTY or Contract Cities, or unforeseen conditions such as inclement weather, etc.) and at no fault by CONTRACTOR, subject to approval by COUNTY. COUNTY will review the request and determine in its sole discretion whether the situation warrant a time extension at no-cost or with costs. If CONTRACTOR completes the Task Order beyond the stipulated completion date without COUNTY’s specific written approval for time extension, CONTRACTOR will be subject to liquidated damages and may be construed as non-responsive, which may affect CONTRACTOR for considerations for future Task Orders or projects.

  • Development Milestone Payments (i) In addition to the Closing Date Merger Consideration (less the Remaining Option Consideration and Rights Proceeds Amount, if any) and any Net TNF Sales Payments (as defined below), upon the attainment of the development ** Portions of the Exhibit have been omitted and have been filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. milestones set forth below (each, a “Development Milestone”), Parent shall, or shall cause the Surviving Corporation to, [**] after the occurrence of each Development Milestone, deliver to the Paying Agent (for further payment to the holders of Stock Certificates and Stock Agreements outstanding immediately prior to the Effective Time), via wire transfer of immediately available funds, the respective amounts set forth below minus, in each case, the applicable Contingent Consideration Distribution Fee associated therewith and any amount designated by the Stockholders’ Representatives to be placed in the Administrative Expense Account (each, a “Development Milestone Payment” and collectively, the “Development Milestone Payments”): (A) Upon FDA approval of Reslizumab for the treatment of eosinophilic esophagitis, a cash payment of [**]; (B) Upon marketing authorization of Reslizumab for the treatment of eosinophilic esophagitis being granted by the European Commission in accordance with Regulation (EC) No. 726/2004, a cash payment of [**]; (C) If Res 5-0010 Asthma Study Completion has not occurred on or prior to the Closing Date, then upon the occurrence of the Res 5-0010 Asthma Study Completion, a cash payment of $50,000,000 (fifty million dollars) (the “Res 5-0010 Asthma Payment”); (D) Upon FDA approval of Reslizumab for any asthma indication, a cash payment of [**]; (E) Upon marketing authorization of Reslizumab for the treatment of any asthma indication being granted by the European Commission in accordance with Regulation (EC) No. 726/2004, a cash payment of [**]; and (F) Upon FDA approval of an Oral Anti-TNF Product, a cash payment of [**].

  • Milestone A principal event specified in the Contract Documents including the Material Completion and Occupancy Date and other events relating to an intermediate completion date or time.

  • Patent Extensions Subject to the remainder of this Section 6.6, if any election for patent term restoration or extension, supplemental protection certificate or any of their equivalents may be made with respect to any Patent within the Licensed IP, after consultation with Celgene, the Parties will discuss and seek to reach mutual agreement whether or not to take such action. If the Parties are not able to reach mutual agreement, (a) Celgene will have the sole right to make the final decision whether or not to seek such patent term restoration or extension, supplemental protection certificate or any of their equivalents with respect to Specific Patents and Patents within the Collaboration IP licensed to Celgene hereunder and (b) Bluebird will have the sole right to make the final decision whether or not to seek such patent term restoration or extension, supplemental protection certificate or any of their equivalents with respect to all other Patents within the Licensed IP.

  • Development Milestones In addition to its obligations under Paragraph 7.1, LICENSEE specifically commits to achieving (either itself or through the acts of a SUBLICENSEE) the following development milestones in its diligence activities under this AGREEMENT: (a) (b).

  • Sales Milestone Payments Artiva shall make the following one-time, non-refundable and non-creditable sales milestone payments to GCLC when the aggregate annual Net Sales of Products in the Territory first reach the thresholds specified below. Artiva shall notify GCLC promptly of the achievement of each such sales threshold. Each sales milestone payment shall be made by Artiva within [***] days after the end of the calendar quarter in which such sales threshold is achieved. To the extent more than one sales threshold is reached in any given calendar year, then the applicable milestone payment for each such achievement shall be due and owing with respect to such calendar year. For clarification, the total milestone payments payable hereunder if all milestone events are achieved is [***].

  • Milestone Event Milestone Payment [***] [***]

  • Milestone Payments In the event that any Sellers believe that any Additional Milestone has been achieved during the Post-Closing Milestone Period, the Sellers’ Representative shall provide notice of such achievement to Purchaser. If Purchaser determines in its sole and reasonable discretion that such Additional Milestone has been achieved during the Post-Closing Milestone Period, then within thirty (30) days of such notice from Sellers’ Representative or, if earlier, within thirty (30) days of Purchaser’s determination that such Additional Milestone has been achieved, Purchaser shall notify Sellers’ Representative of its determination and pay to Sellers the Additional Milestone Payment payable in respect of such Additional Milestone. If Sellers’ Representative delivers such a notice and Purchaser determines, in its sole and reasonable discretion, that the applicable Additional Milestone has not been achieved, then, within thirty (30) days of Sellers’ Representative’s notice Purchaser shall notify Sellers’ Representative of such determination. If Sellers’ Representative believes that Sellers are entitled to payment of all or any portion of an Additional Milestone Payment hereunder which they have not received within thirty (30) days following the achievement of the Additional Milestone for which payment is due, Sellers’ Representative may, not later than twelve (12) months following the achievement of such Additional Milestone, deliver to Purchaser a notice setting forth Sellers’ Representative’s determination that all or a portion of such Additional Milestone Payment is due under this Agreement (the “Post-Closing Assessment Notice”). If Sellers’ Representative does not deliver to Purchaser a Post-Closing Assessment *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission. Notice within such twelve (12) month period, then Sellers shall have been deemed to agree that the Additional Milestone has not been met and no payment with respect to such Additional Milestone is due to Sellers hereunder and Sellers shall have no further rights to such Milestone Payment or any portion thereof. Such Post-Closing Assessment Notice may be delivered before or after the expiration of the Post-Closing Milestone Period without affecting Sellers’ rights to the applicable Milestone Payment, provided that that applicable Additional Milestone was actually achieved prior to the expiration of such Post-Closing Milestone Period. If Purchaser shall object to Sellers’ determination that a Additional Milestone has been achieved as set forth in the Post-Closing Assessment Notice, then Purchaser shall deliver a dispute notice (a “Post-Closing Milestone Dispute Notice”) to Sellers’ Representative within fifteen (15) days following Sellers’ Representative’s delivery of the Post-Closing Assessment Notice. A representative of Purchaser, on the one hand, and the Sellers’ Representative, on the other, shall attempt in good faith to resolve any such objections within fifteen (15) days of the receipt by Sellers of the Post-Closing Milestone Dispute Notice. If no Post-Closing Milestone Dispute Notice is delivered within the fifteen (15) day time period, then Sellers’ determination that the Additional Milestone has been achieved, and that the amount of the Milestone Payment specified in the Post-Closing Milestone Dispute Notice is due hereunder, shall be deemed to be accepted and Purchaser shall pay to Sellers those amounts set forth in the Post-Closing Assessment Notice no later than five (5) days after the expiration of such fifteen (15) day time period.

  • Milestone Payment The first time Net Sales in the Territory in a Royalty Period exceed US$[***] ([***] dollars) US$[***] ([***] dollars)

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