Milestone Offsets. If ACI establishes that the total damage amount suffered by Genentech resulting from ACI’s material breach that was the basis of Genentech’s partial termination under Section 9.3.2(b) were less than the total of the milestone payments made to ACI under Sections 5.2 and 5.3, then Genentech shall only be entitled to credit such total damage amount against royalty payments due to ACI under Sections 5.4 and 5.5.
Appears in 4 contracts
Samples: Research Collaboration and License Agreement (AC Immune SA), Research Collaboration and License Agreement (AC Immune SA), Research Collaboration and License Agreement (AC Immune SA)
Milestone Offsets. If ACI establishes that the total damage amount suffered by Genentech resulting from ACI’s material breach that was the basis of Genentech’s partial termination under Section 9.3.2(b) were less than the total of the milestone payments made to ACI under Sections 5.2 5.3 and 5.35.4, then Genentech shall only be entitled to credit such total damage amount against royalty payments due to ACI under Sections 5.4 5.5 and 5.55.6.
Appears in 2 contracts
Samples: Research Collaboration and License Agreement (AC Immune SA), Research Collaboration and License Agreement (AC Immune SA)
