Milestones and Royalties. Europe......................................................................................
Milestones and Royalties. (A) If any Compound screened by Aurora under the Research Program, or any derivative thereof, is developed and commercialized as a drug product, or any assay development or screening work performed by Aurora under this Agreement otherwise directly or indirectly leads to the development and commercialization of any drug products (collectively, "Products"), Aurora shall be entitled to receive from Sequana, subject to paragraph (c) below, *** of all license fees, milestone payments and other fees and compensation received by Sequana from third parties (if any) with respect to such Products and (ii) royalties on Net Sales of such Products equal to the *** (if any) with respect to such Products; provided, however, that with respect to any Product, the amounts to which the percentages under the foregoing clauses (i) and (ii) are applied shall be *** in connection with the discovery, development or commercialization of such Product.
(B) With respect to any Target on which Aurora performs Functional Analysis but not screening or assay development work referred to under Section 4.2(a), if the Functional Analyses of any such Targets performed by Aurora under this Agreement directly or indirectly lead to the development or commercialization of any Products acting substantially on any such Target, Aurora shall be entitled to receive from Sequana, subject to paragraph (c) below, (i) *** of all license fees, milestone fees and other fees and compensation received by Sequana from third parties (if any) with respect to such Products and (ii) royalties on Net Sales of such Products equal to *** (if any) with respect to such Products; provided, however, that the amounts to which the percentages under the foregoing clauses (i) and (ii) are applied shall be ********* in connection with the discovery, development or commercialization of such Products. In no event shall any license fees, milestone payments, royalties or other payments paid by Sequana and referred to in the provisos in Sections 4.2(a) and 4.2(b) be applied on more than one occasion to reduce the amounts upon which percentages are payable to Aurora under this Section 4.2. ***CONFIDENTIAL TREATMENT REQUESTED
(C) Aurora shall not be entitled to receive any amount of (i) license fees, milestone payments, royalties or other fees or compensation received by Sequana from third party collaborators to the extent such payments are received solely and specifically in consideration of Sequana's research activities in connec...
Milestones and Royalties. With respect to each [ * ] obtained by Millennium, the terms of Article 6 shall apply.
Milestones and Royalties. In consideration of the rights granted under Article 2 for the First Licensed Product, ADCT shall make the milestones and royalties payments detailed in Annex 2. In consideration of the rights granted under Article 2 for the Second Licensed Product, ADCT shall make the milestones and royalties Payments detailed in Annex 3, or in Annex 4 if the Second Licensed Product binds to the [***] Target.
Milestones and Royalties. Notwithstanding anything to the contrary contained in the Product License, the sublicense granted to Sublicensee under Section 1 of this Sublicense shall be subject to only the milestone and royalty payments set forth in Article 4 of the Collaboration License Agreement and Sublicensee shall have no payment obligations under the Product License or this Sublicense.
Milestones and Royalties. As further consideration for the Technology License, QIAGEN will:
7.2.1 make non-refundable payments in amounts specified below upon achievement of the following milestones (the “Milestones”):
(a) [*] on [*] upon accomplishment of [*] under the following sections of the Project Plan that are [*]: (i) [*] A1, A2, and A3, and (ii) initiation of [*] B1.1, B1.2, B2, and B4, even though these Phases will not be complete by December 31, 2018. At QIAGEN’s election, if Xxxxxx believes it has accomplished this Milestone and QIAGEN disagrees, the accomplishment of this Milestone will be assessed by a mutually-agreed neutral third-party mediator with industry expertise, which assessment shall be binding on this issue. QIAGEN shall pay the costs of such assessment, except that if the third-party mediator agrees that the Milestone has not been accomplished, Xxxxxx shall bear the costs. If the Milestone is not reached for reasons within the responsibility of QIAGEN or a third party not under Xxxxxx‘s control, then this shall not have implications for the Milestone accomplishment for Xxxxxx.
(b) [*] upon, over any twelve (12) month period during [*] after Commercial Launch, (but for clarification, only one time during the Term) [*] having [*] at least [*] that Xxxxxx and its Affiliates [*] during that twelve (12) month period;
(c) [*] upon, over any twelve (12) month period during [*] after Commercial Launch, (but for clarification, only one time during the Term), Xxxxxx having [*]at least [*] [*] that Xxxxxx and its Affiliates [*] during that twelve (12) month period;
(d) [*] upon, over any twelve (12) month period, (but for clarification, only one time during the Term), [*] having [*], either with a Product or pursuant to [*] at least [*] of the total number of [*] during that twelve (12) month period;
(e) [*] [*] upon QIAGEN [*] of the Product in the [*] (i.e. [*];
(f) [*] upon QIAGEN obtaining [*] of Product in [*] (i.e. [*]; and
(g) [*] when cumulative [*]. Upon achievement of each Milestone, Xxxxxx shall issue an invoice to QIAGEN for each Milestone payment and QIAGEN shall make the applicable payment within thirty (30) days after receiving such invoice. The [*] time periods in subsections (b) and (c), above, shall be tolled for any period of delay that is caused by QIAGEN. * CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PO...
Milestones and Royalties. In addition to such payments as are made by Organon to Aurora pursuant to Section 2 hereof, the following payments shall be made to Aurora for each Collaborative Screen:
Milestones and Royalties. All other provisions of this Article 3 shall apply, except no royalties will be payable pursuant to Section 3.5 above for Net Sales of Products in the U.S., and, for clarity, Development Payments will be payable pursuant to Section 3.3.3 and not Section 3.3.2 and Sales Milestone Payment calculations will exclude Net Sales of Products in the U.S.
Milestones and Royalties. In addition to such payments as are made by P&U to Aurora pursuant to Section 2.2.2 and 2.2.3 hereof, the following payments shall be made to Aurora for each Collaborative Screen:
Milestones and Royalties. For purposes of calculating milestone and royalty payments pursuant to Article 7 and Article 8 of the Agreement and paragraph 6(c)(i) below, all Other Compounds and products containing Other Compounds shall be deemed to be SMC Licensed Products containing Collaboration Compounds to which the following terms of the Agreement are applicable:
a. clause (a) of the SMC Milestone Product definition, and b. clause (a) of the SMC Royalty Products definition, if such Other Compound is Covered by a Valid Claim in a Patent Right within NaV1.6 IP, and regardless of whether any such Other Compound is conceived, identified or first made during the Research Term, during the [†], or after the [†]. For clarity no milestone and royalty payment shall be due on Other Compounds and products containing Other Compounds, other than as set forth under this paragraph 5.
