No Double Payment. Notwithstanding anything to the contrary in Section 3.7, Akouos shall be entitled to (i) deduct from any Sublicense Income Payment due to MEE the amount of any development milestone payment paid by a Sublicensee to Akouos with respect to a Licensed Product when the amount of any development milestone payment has previously or concurrently been paid by Akouos to MEE with respect to such Licensed Gene Target pursuant to Section 3.2, and (ii) deduct from any Sublicense Income Payment due to MEE the amount of any sales milestone payment paid by a Sublicensee to Akouos with respect to a Licensed Product when the amount of any sales milestone payment has previously or concurrently been paid by Akouos to MEE with respect to such Licensed Gene Target pursuant to Section 3.2; provided, however, that in both (i) and (ii) any amount paid to MEE pursuant to Section 3.2 may be deducted from Sublicense Income Payments received from a particular Sublicensee only once.
Appears in 2 contracts
Samples: License Agreement (Akouos, Inc.), License Agreement (Akouos, Inc.)
No Double Payment. Notwithstanding anything to the contrary in Section 3.7, Akouos shall be entitled to (i) deduct from any Sublicense Income Payment due to MEE Lonza the amount of any development milestone payment paid by a Sublicensee to Akouos with respect to a Licensed Product when the amount of any development milestone payment has previously or concurrently been paid by Akouos to MEE Lonza with respect to such Licensed Gene Target pursuant to Section 3.2, and (ii) deduct from any Sublicense Income Payment due to MEE Lonza the amount of any sales milestone payment paid by a Sublicensee to Akouos with respect to a Licensed Product when the amount of any sales milestone payment has previously or concurrently been paid by Akouos to MEE Lonza with respect to such Licensed Gene Target pursuant to Section 3.2; provided, however, that in both (i) and (ii) any amount paid to MEE Lonza pursuant to Section 3.2 may be deducted from Sublicense Income Payments received from a particular Sublicensee only once.
Appears in 2 contracts
Samples: Sublicense Agreement (Akouos, Inc.), Sublicense Agreement (Akouos, Inc.)