Payment of Milestone Fees. NN will be obligated to pay ------------------------- to ZGI each of the milestone fees set forth in the table below (the "Milestone Fees"). The execution fee for the PLPC License shall be paid by NN to ZGI only once for each ZSS. All other Milestone Fees shall be paid by NN to ZGI for each Zid Embodiment within each ZSS that proceeds through clinical development. If multiple members of a single Zid Embodiment proceed through development, NN shall pay Milestone Fees only for the first such member to pass each milestone; however, upon commercialization of a second and subsequent member of the same Zid Embodiment by NN, or a Commercialization Partner or Sublicensee, then NN shall pay to ZGI full sets of Milestone Fees for such second and subsequent members of that Zid Embodiment. Each Milestone Fee shall be non-refundable and non-creditable against any other amounts payable by NN under this Agreement, such BC PLPC Pre-Negotiated License agreement or any other agreement. Each Milestone Fee shall be payable by NN to ZGI within ten (10) business days after achievement of the corresponding milestone. Upon actual payment of each Milestone Fee, NN shall be considered as having fulfilled its diligence obligations under SECTION 6.8.1 above, and the date of the payment shall be deemed the date of occurrence of the diligence event for the purposes of calculating the timing of the next occurring diligence obligation. ------------------------------------------------------------------------------------------------------------------------------------ Upon Upon the earlier of Upon the earlier of Upon the earlier of Upon the earlier Upon the earlier execution of [*] after PLPC [*] after IND Filing [*] from achievement of [*] from of [*] from the license approval and IND (first human dose) of CPC and PLA Filing achievement of achievement of CPC Filing (first human and achievement of in Europe for Product CPC and PLA Filing and PLA Filing in does) for Product CPC and Clinical based on each Zid in Japan for US for Product based on each Zid Proof of Concept for Embodiment Product based on based on each Zid Embodiment Product based on each each Zid Embodiment Zid Embodiment Embodiment ------------------------------------------------------------------------------------------------------------------------------------ Each Zid [*] [*] [*] [*] [*] [*] Embodiment in ZSS ------------------------------------------------------------------------------------------------------------------------------------
Appears in 2 contracts
Samples: Option and License Agreement (Zymogenetics Inc), Option and License Agreement (Zymogenetics Inc)
Payment of Milestone Fees. NN will be obligated to pay ------------------------- to ZGI each of the milestone fees set forth in the table below (the "Milestone Fees"). The execution fee for the PLPC CPC License shall be paid by NN to ZGI only once for each ZSS. All other Milestone Fees shall be paid by NN to ZGI for each Zid Embodiment within each ZSS that proceeds through clinical development. If multiple members of a single Zid Embodiment proceed through development, NN shall pay Milestone Fees only for the first such member to pass each milestone; however, upon commercialization of a second and subsequent member of the same Zid Embodiment by NN, or a Commercialization Partner or Sublicensee, then NN shall pay to ZGI full sets of Milestone Fees for such second and subsequent members of that Zid Embodiment. Each Milestone Fee shall be non-refundable and non-creditable against any other amounts payable by NN under this Agreement, such BC PLPC RoW CPC Pre-Negotiated License agreement or any other agreement. Each Milestone Fee shall be payable by NN to ZGI within ten (10) business days after achievement of the corresponding milestone. Upon actual payment of each Milestone Fee, NN shall be considered as having fulfilled its diligence obligations under SECTION 6.8.1 7.4.1 above, and the date of the payment shall be deemed the date of occurrence of the diligence event for the purposes of calculating the timing of the next occurring diligence obligation. ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ Upon Upon the earlier of [*] Upon the earlier of Upon the earlier of Upon the earlier Upon the earlier execution of [*] after PLPC [*] after IND Filing [*] execution of from achievement of [*] CPC from achievement of [*] from CPC the license approval and IND (first human dose) of CPC and PLA Filing achievement of achievement of CPC in and PLA Filing (first human and achievement of in Europe for Product CPC and PLA Filing and PLA Filing in does) for Product CPC and Clinical based on each Zid in Japan for US for Product based on each Zid Proof of Concept for Embodiment Product based on based on each Zid Embodiment Product based on each each Zid Embodiment Zid Embodiment Embodiment ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------ Each Zid [*] [*] [*] [*] [*] [*] Embodiment in ZSS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Appears in 2 contracts
Samples: Option and License Agreement (Zymogenetics Inc), Option and License Agreement (Zymogenetics Inc)
Payment of Milestone Fees. NN will be obligated to pay ------------------------- to ZGI each of the milestone fees set forth in the table below (the "Milestone Fees"). The execution fee for the PLPC CPC License shall be paid by NN to ZGI only once for each ZSS. All other Milestone Fees shall be paid by NN to ZGI for each Zid Embodiment within each ZSS that proceeds through clinical development. If multiple members of a single Zid Embodiment proceed through development, NN shall pay Milestone Fees only for the first such member to pass each milestone; however, upon commercialization of a second and subsequent member of the same Zid Embodiment by NN, or a Commercialization Partner or Sublicensee, then NN shall pay to ZGI full sets of Milestone Fees for such second and subsequent members of that Zid Embodiment. Each Milestone Fee shall be non-refundable and non-creditable against any other amounts payable by NN under this Agreement, such BC PLPC CPC Pre-Negotiated License agreement or any other agreement. Each Milestone Fee shall be payable by NN to ZGI within ten (10) business days after achievement of the corresponding milestone. Upon actual payment of each Milestone Fee, NN shall be considered as having fulfilled its diligence obligations under SECTION 6.8.1 7.8.1 above, and the date of the payment shall be deemed the date of occurrence of the diligence event for the purposes of calculating the timing of the next occurring diligence obligation. ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------- Upon Upon the earlier of Upon the earlier of Upon the earlier of Upon the earlier Upon the earlier execution of [*] after PLPC [*] after IND Filing from [*] from achievement of [*] from of [*] from the license approval and IND (first human dose) achievement of CPC achievement of CPC achievement of CPC and PLA Filing achievement of achievement of CPC in and PLA Filing (first human in and achievement of PLA Filing in Europe for Product CPC and PLA Filing and PLA Filing in does) Japan for Product CPC and Clinical based on each Zid in Japan for US for Product based on each Zid Proof of Concept for Embodiment Product based on each Zid based on each Zid Embodiment Product based on each each Zid Embodiment Zid Embodiment Embodiment ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------- Each Zid [*] [*] [*] [*] [*] [*] Embodiment in ZSS -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Appears in 2 contracts
Samples: Option and License Agreement (Zymogenetics Inc), Option and License Agreement (Zymogenetics Inc)
Payment of Milestone Fees. NN will be obligated to pay ------------------------- to ZGI each of the milestone fees set forth in the table below (the "Milestone Fees"). The execution fee for the PLPC License shall be paid by NN to ZGI only once for each ZSS. All other Milestone Fees shall be paid by NN to ZGI for each Zid Embodiment within each ZSS that proceeds through clinical development. If multiple members of a single Zid Embodiment proceed through development, NN shall pay Milestone Fees only for the first such member to pass each milestone; however, upon commercialization of a second and subsequent member of the same Zid Embodiment by NN, or a Commercialization Partner or Sublicensee, then NN shall pay to ZGI full sets of Milestone Fees for such second and subsequent members of that Zid Embodiment. Each Milestone Fee shall be non-refundable and non-creditable against any other amounts payable by NN under this Agreement, such BC RoW PLPC Pre-Negotiated License agreement or any other agreement. Each Milestone Fee shall be payable by NN to ZGI within ten (10) business days after achievement of the corresponding milestone. Upon actual payment of each Milestone Fee, NN shall be considered as having fulfilled its diligence obligations under SECTION 6.8.1 6.4.1 above, and the date of the payment shall be deemed the date of occurrence of the diligence event for the purposes of calculating the timing of the next occurring diligence obligation. ------------------------------------------------------------------------------------------------------------------------------------ Upon Upon the earlier of Upon the earlier of Upon the earlier of Upon the earlier Upon the earlier of execution of [*] after PLPC [*] after IND Filing [*] from achievement of [*] from achievement of [*] from the license approval and IND (first human dose) and achievement of CPC CPC and PLA Filing achievement of achievement of CPC in Filing (first human and achievement of in Europe for Product CPC and PLA Filing and PLA Filing in doesJapan for Product based dose) for Product CPC and Clinical Proof of Europe for Product on each Zid Embodiment based on each Zid in Japan for US Concept for Product based on each Zid Proof of Concept for Embodiment Product based on based on each Zid Embodiment Product based on each each Zid Embodiment Zid Embodiment Embodiment ------------------------------------------------------------------------------------------------------------------------------------ Each Zid [*] [*] [*] [*] [*] [*] Embodiment in ZSS ------------------------------------------------------------------------------------------------------------------------------------
Appears in 2 contracts
Samples: Option and License Agreement (Zymogenetics Inc), Option and License Agreement (Zymogenetics Inc)