Payment of Milestones; Payment of Royalties; Royalty Reports. All [***] Milestone payments shall be made within [***] days after the first achievement of each of the [***] Milestones described above. All [***] Milestones payments shall be paid no later than the [***] of the [***] of the [***] following the [***] in which the applicable [***] Milestone is achieved, including in any circumstance in which [***] Milestones are achieved in the [***]. Subject to the other terms of this Agreement (including Section 4.1 above), GENENTECH shall make any milestone payments owed to IMMUNOGEN hereunder in United States Dollars, using the wire transfer provisions of this Section 4.4. Subject to the other terms of this Agreement (including Sections 4.2, 4.3 and 4.4 above), GENENTECH shall make any royalty payments owed to IMMUNOGEN in United States Dollars, quarterly within [***] days following the end of each calendar quarter for which such royalties are deemed to occur (as provided in the next sentence), using the wire transfer provisions of this Section 4.5. For purposes of determining when a sale of any Licensed Product occurs under this Agreement, the sale shall be deemed to occur on the earlier of (i) the date the Licensed Product is [***] or (ii) the date of the [***] the [***] of the Licensed Product. Each royalty payment shall be accompanied by a report for each country in the Territory in which sales of Licensed Products occurred in the calendar quarter covered by such statement, specifying: the gross sales (if available) and Net Sales in each country’s currency; the applicable royalty rate under this Agreement; the royalties payable in Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. each country’s currency, including an accounting of deductions taken in the calculation of Net Sales; the applicable exchange rate to convert from each country’s currency to United States Dollars under this Section 4.5; and the royalties payable in United States Dollars.
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Samples: License Agreement (Immunogen Inc), License Agreement (Immunogen Inc)
Payment of Milestones; Payment of Royalties; Royalty Reports. All [***] Milestone payments shall be made within [***] days after the first achievement of each of the [***] Milestones described above. All [***] Milestones payments shall be paid no later than the [***] of the [***] of the [***] following the [***] in which the applicable [***] Milestone is achieved, including in any circumstance in which [***] Milestones are achieved in the [***]. Subject to the other terms of this Agreement (including Section 4.1 above), GENENTECH Centocor shall make any milestone payments owed to IMMUNOGEN ImmunoGen hereunder in United States Dollars, using the wire transfer provisions of this Section 4.45.6(d) within [********] days of the occurrence of the applicable milestone. Subject to the other terms of this Agreement (including Sections 4.2, 4.3 and 4.4 above), GENENTECH Centocor shall make any royalty payments owed to IMMUNOGEN ImmunoGen in Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission Pursuant to the Company’s application requesting confidential investment under Rule 24b-2 under the Securities Exchange Ace of 1934. United States Dollars, quarterly within [******] days following the end of each calendar quarter for which such royalties are deemed to occur (as provided in the next sentence), using the wire transfer provisions of this Section 4.55.6(d). For purposes of determining when a sale of any Licensed Product occurs under this Agreement, the sale shall be deemed to occur on the earlier of (i) the date the Licensed Product is [***] shipped or (ii) the date of the [***] invoice to the [***] purchaser of the Licensed Product. Each royalty payment shall be accompanied by a report for each country in the Territory in which sales of Licensed Products occurred in the calendar quarter covered by such statement, specifying: the gross sales (if available) and Net Sales in each country’s currency; the applicable royalty rate under this Agreement; the royalties payable in Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. each country’s currency, including an accounting of deductions taken in the calculation of Net Sales; the applicable exchange rate to convert from each country’s currency to United States Dollars under this Section 4.55.6; and the royalties payable in United States Dollars.
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Payment of Milestones; Payment of Royalties; Royalty Reports. All [***] Milestone payments shall be made within [***] days after the first achievement of each of the [***] Milestones described above. All [***] Milestones payments shall be paid no later than the [***] of the [***] of the [***] following the [***] in which the applicable [***] Milestone is achieved, including in any circumstance in which [***] Milestones are achieved in the [***]. Subject to the other terms of this Agreement (including Section 4.1 above), GENENTECH Jazz shall make any milestone payments owed to IMMUNOGEN ImmunoGen hereunder in United States U.S. Dollars, using the wire transfer provisions of this Section 4.4. Subject 6.6.4 within [***] days of the occurrence of the applicable event giving rise to the other terms obligation and receipt by Jazz of this Agreement (including Sections 4.2, 4.3 and 4.4 above), GENENTECH an invoice from ImmunoGen to make such payment. Jazz shall make any royalty payments owed to IMMUNOGEN ImmunoGen in United States U.S. Dollars, quarterly within [***] days following the end of each calendar quarter Calendar Quarter for which such royalties are deemed to occur (as provided in the next sentence), using the wire transfer provisions of this Section 4.56.6.4. For purposes Determination of determining when a sale of any the Licensed Product occurs under for purposes of this Agreement, the sale Agreement shall be deemed to occur on made when the earlier revenue from such sale is recognized by Jazz in accordance with Jazz Accounting Standards or, in the case of (i) the date the Licensed Product is [***] or (ii) the date of the [***] the [***] of the Licensed ProductSublicensees, in accordance with such Sublicensees’ respective revenue recognition accounting standards, consistently applied. Each royalty payment shall be accompanied by a report for each country in the Jazz Territory in which sales of the Licensed Products Product occurred in the calendar quarter Calendar Quarter covered by such statement, specifyingspecifying each of: (a) the gross sales (if available) and the Net Sales in each country’s currencycurrency of the Licensed Product in the Jazz Territory during the reporting period by Jazz and its Affiliates and Sublicensees (specifying in reasonable detail each of the deductions to gross sales used to calculate Net Sales); (b) the applicable exchange rate to convert each country’s currency to U.S. Dollars under Section 6.6.2; (c) the applicable royalty rate rate(s) under this AgreementAgreement (specifying in reasonable detail each adjustment, if any, to the royalty rate(s) as provided in Sections 6.6.2–6.7, inclusive); and (d) the royalties payable payable, in U.S. Dollars, which shall have accrued hereunder with respect to such Net Sales. Jazz shall provide ImmunoGen with a non-binding estimate of its royalty payments owed Portions of this Exhibit Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Securities and Exchange Commission pursuant to the CompanyRegistrant’s application requesting confidential treatment under pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. to ImmunoGen for each country’s currency, including an accounting Calendar Quarter at least [***] days before the end of deductions taken in the calculation of Net Sales; the applicable exchange rate to convert from each country’s currency to United States Dollars under this Section 4.5; and the royalties payable in United States Dollarssuch Calendar Quarter.
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Payment of Milestones; Payment of Royalties; Royalty Reports. All [***] Milestone payments shall be made within [***] ([***]) days after the first achievement of each of the [***] Milestones described above. All [***] Milestones payments shall be paid no later than the [***] of the [***] [***] [***] of the [***] [***] following the [***] [***] in which the applicable [***] Milestone is achieved, including in any circumstance in which [***] [***] Milestones are achieved in the [***] [***] [***]. Subject to the other terms of this Agreement (including Section 4.1 above), GENENTECH shall make any milestone payments owed to IMMUNOGEN hereunder in United States Dollars, using the wire transfer provisions of this Section 4.4. Subject to the other terms of this Agreement (including Sections 4.2, 4.3 and 4.4 above), GENENTECH shall make any royalty payments owed to IMMUNOGEN in United States Dollars, quarterly within [***] ([***]) days following the end of each calendar quarter for which such royalties are deemed to occur (as provided in the next sentence), using the wire transfer provisions of this Section 4.5. For purposes of determining when a sale of any Licensed Product occurs under this Agreement, the sale shall be deemed to occur on the earlier of (i) the date the Licensed Product is [***] or (ii) the date of the [***] [***] the [***] of the Licensed Product. Each royalty payment shall be accompanied by a report for each country in the Territory in which sales of Licensed Products occurred in the calendar quarter covered by such statement, specifying: the gross sales (if available) and Net Sales in each country’s currency; the applicable royalty rate under this Agreement; the royalties payable in Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. each country’s currency, including an accounting of deductions taken in the calculation of Net Sales; the applicable exchange rate to convert from each country’s currency to United States Dollars under this Section 4.5; and the royalties payable in United States Dollars.
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Samples: License Agreement (Immunogen Inc)
Payment of Milestones; Payment of Royalties; Royalty Reports. All [***] Milestone payments shall be made within [***] days after the first achievement of each of the [***] Milestones described above. All [***] Milestones payments shall be paid no later than the [***] of the [***] of the [***] following the [***] in which the applicable [***] Milestone is achieved, including in any circumstance in which [***] Milestones are achieved in the [***]. Subject to the other terms of this Agreement (including Section 4.1 above), GENENTECH Bayer shall make any milestone payments owed to IMMUNOGEN ImmunoGen hereunder in United States Dollars, using the wire transfer provisions of this Section 4.45.6(d) within [***] days of the occurrence of the applicable milestone. Subject to the other terms of this Agreement (including Sections 4.2, 4.3 and 4.4 above), GENENTECH Bayer shall make any royalty payments owed to IMMUNOGEN ImmunoGen in United States Dollars, quarterly within [***] days following the end of each calendar quarter for which such royalties are deemed to occur (as provided in the next sentence), using the wire transfer provisions of this Section 4.55.6(d). For purposes of determining when a sale of any Licensed Product occurs under this Agreement, the sale shall be deemed to occur on the earlier of (i) the date the Licensed Product is [***] shipped or (ii) the date of the [***] invoice to the [***] purchaser of the Licensed Product. Each royalty payment shall be accompanied by a report for each country in the Territory in which sales of Licensed Products occurred in the calendar quarter covered by such statement, specifying: the gross sales (if available) and Net Sales in each country’s currency; the applicable royalty rate under this Agreement; the royalties payable in Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. each country’s currency, including an accounting of deductions taken in the calculation of Net Sales; the applicable exchange rate to convert from each country’s currency to United States Dollars under this Section 4.55.6; and the royalties payable in United States Dollars. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
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