Common use of Milestone Payments for Licensed Products Clause in Contracts

Milestone Payments for Licensed Products. Connetics shall make the following cash milestone payments to Genentech: (a) within thirty (30) days following the dates on which each of the first three (3) NDA’s or BLA’s for a Licensed Product is filed with the FDA by Connetics for a new indication in the Field of Use; provided however, that such milestone payments shall not be paid upon the filing of a NDA or BLA for an osteopetrosis or atypical mycobacterial infection indication. (b) within thirty (30) days following the date Connetics receives FDA clearance of each new indication for a Licensed Product for commercial sale in the United States; provided however, that such milestone payment shall not be paid upon receipt of FDA clearance for an osteopetrosis or atypical mycobacterial infection indication. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. (c) within thirty (30) days following the first date Connetics’ aggregate Net Sales of all Licensed Products in the Territory exceed *** in any calendar year. (d) within thirty (30) days following the first date Connetics’ aggregate Net Sales of all Licensed Products in the Territory exceed *** in any calendar year. Notwithstanding the foregoing, upon the expiration or revocation of the last remaining issued patent within the Genentech Patent Rights during the term of this Agreement, each of the milestones payments set forth in (a)-(d) above thereafter shall be reduced by fifty percent (50%). Milestone payments shall not be creditable against any royalty payments owed under Sections 8.3 and 8.4 below.

Milestone Payments for Licensed Products. Connetics shall make the following cash milestone payments to Genentech: (a) [ * ] within thirty (30) days following the dates on which each of the first three (3) NDA’s 's or BLA’s 's for a Licensed Product is filed with the FDA by Connetics for a new indication in the Field of Use; provided however, that such milestone payments shall not be paid [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. upon the filing of a NDA or BLA for an osteopetrosis or atypical mycobacterial infection indication. (b) [ * ] within thirty (30) days following the date Connetics receives FDA clearance of each new indication for a Licensed Product for commercial sale in the United States; provided however, that such milestone payment shall not be paid upon receipt of FDA clearance for an osteopetrosis or atypical mycobacterial infection indication. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. (c) [ * ] within thirty (30) days following the first date Connetics’ ' aggregate Net Sales of all Licensed Products in the Territory exceed **[ * ] in any calendar year. (d) [ * ] within thirty (30) days following the first date Connetics’ ' aggregate Net Sales of all Licensed Products in the Territory exceed **[ * ] in any calendar year. Notwithstanding the foregoing, upon the expiration or revocation of the last remaining issued patent within the Genentech Patent Rights during the term of this Agreement, each of the milestones payments set forth in (a)-(d) above thereafter shall be reduced by fifty percent (50%). Milestone payments shall not be creditable against any royalty payments owed under Sections 8.3 and 8.4 below.

Milestone Payments for Licensed Products. Connetics shall make the following cash milestone payments to Genentech: (a) [1] within thirty (30) days following the dates on which each of the first three (3) NDA’s 's or BLA’s 's for a Licensed Product is filed with the FDA by Connetics for a new indication in the Field of Use; provided however, that such milestone payments shall not be paid upon the filing of a NDA or BLA for an osteopetrosis or atypical mycobacterial infection indication. (b) [1] within thirty (30) days following the date Connetics receives FDA clearance of each new indication for a Licensed Product for commercial sale in the United States; provided however, that such milestone payment shall not be paid upon receipt of FDA clearance for an osteopetrosis or atypical mycobacterial infection indication. *** Portions of this page have [1] Confidential treatment has been requested for the language which has been omitted. All such omitted pursuant to a request for Confidential Treatment and material has been filed separately with the CommissionSEC. (c) [1] within thirty (30) days following the first date Connetics’ ' aggregate Net Sales of all Licensed Products in the Territory exceed *** [1] in any calendar year. (d) [1] within thirty (30) days following the first date Connetics’ ' aggregate Net Sales of all Licensed Products in the Territory exceed *** [1] in any calendar year. Notwithstanding the foregoing, upon the expiration or revocation of the last remaining issued patent within the Genentech Patent Rights during the term of this Agreement, each of the milestones payments set forth in (a)-(d) above thereafter shall be reduced by fifty percent (50%). Milestone payments shall not be creditable against any royalty payments owed under Sections 8.3 and 8.4 below.