Common use of Option Exercise Earn-Out Term Clause in Contracts

Option Exercise Earn-Out Term. The Option Exercise Earn-Out under Paragraph 2.3(a) (Schedule A) will be payable, [***], on the Net Sales of such Product from the date of First Commercial Sale of such Product in such country for so long as at least one of the following [***] conditions apply: (i) if one or more Valid Claims within [***]; (ii) Such Product in such country is covered by a Regulatory Exclusivity Period; (iii) [***] (iv) for [***] from the First Commercial Sale of such Product in such country.

Appears in 4 contracts

Samples: Option Agreement, Option Agreement (Moderna, Inc.), Option Agreement (Moderna, Inc.)

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