Performance Milestone Payments Clause Samples
The Performance Milestone Payments clause establishes that payments to a party are contingent upon the achievement of specific, predefined milestones during the course of a project or contract. Typically, these milestones are tied to measurable deliverables or progress points, such as the completion of a project phase or the delivery of a key component. This clause ensures that compensation is directly linked to performance, incentivizing timely and satisfactory completion of work while protecting the paying party from advancing funds before results are delivered.
Performance Milestone Payments. Licensee shall pay to Alliance the following performance milestone amounts:
(a) A milestone payment of [PAYMENT AND CONDITION FOR PAYMENT];
(b) A milestone payment of [PAYMENT AND CONDITION FOR PAYMENT]; and
(c) A milestone payment of [PAYMENT AND CONDITION FOR PAYMENT].
Performance Milestone Payments. AbbVie shall make the payments set forth below in this Section 6.2 as additional consideration for the rights and licenses granted by Kadmon to AbbVie hereunder:
6.2.1. On the Effective Date, AbbVie shall file an intent to use trademark application for the Product Trademark with the USPTO, and Kadmon shall withdraw its Product Trademark application not later than one Business Day following the filing of the intent to use trademark application for the Product Trademark by AbbVie. Kadmon shall also execute a trademark consent agreement in the form of the agreement attached hereto as Exhibit A (the “Trademark Consent Agreement”) in anticipation of the event that Kadmon’s RibaSphere, RibaPak, or other trademark applications are cited against AbbVie’s application for the Product Trademark. AbbVie shall make a one-time payment to Kadmon in the amount of one million dollars (US$1,000,000) not later than ten (10) Business Days after both of the following have occurred: (a) Kadmon has filed a request for express abandonment (withdrawal) of its application for the Product Trademark with the USPTO, and (b) Kadmon has delivered an executed Trademark Consent Agreement, consenting to AbbVie’s trademark application for the Product Trademark.
6.2.2. AbbVie shall make a one-time payment to Kadmon in the amount of *** not later than ten (10) Business Days after Kadmon has provided AbbVie with a copy of a final study report (in a form appropriate for submission to the FDA) demonstrating (a) the Bioequivalence of the QD Product with its reference product for each dosage strength of the QD Product and (b) meeting any other end points of such study.
6.2.3. AbbVie shall make a one-time payment to Kadmon in the amount of *** not later than ten (10) Business Days after the first commercial sale to a Third Party in the Territory of QD Product by or on behalf of Kadmon (after all required Regulatory Approvals in the Territory for the QD Product have been obtained).
Performance Milestone Payments. THRESHOLD shall pay to B▇▇▇▇▇ ONCOLOGY the following one time amounts:
3.3.1 At the end of the first calendar quarter following the Year during which the US annual Net Sales exceed US $[***], the sum of [***] United States dollars (US$[***]).
3.3.2 At the end of the first calendar quarter following the Year during which European annual Net Sales exceed US $[***], the sum of [***] United States dollars (US$[***]).
3.3.3 At the end of the first calendar quarter following the Year during which the worldwide annual Net Sales exceed US$[***], the sum of [***] United States dollars (US$[***]); provided that the sums due to be paid to B▇▇▇▇▇ ONCOLOGY pursuant to Clauses 3.3.1 and 3.3.2 have previously become due.
Performance Milestone Payments. [16] Licensee shall pay to University the following amounts upon the occurrence of the corresponding milestone: (a) Upon , Licensee shall pay to University $ ; (b) Upon , Licensee shall pay to University $ ; and (c) Upon , Licensee shall pay to University $ . Not applicable/none required. [16]Can be negotiated along with royalty rates and yearly fees.
Performance Milestone Payments. 11.9.1 Clinical Development Milestones: Ø $_______ upon dosing of the first human subject in a Phase I clinical trial of a Licensed Product; Ø $_______ upon dosing of a first human subject in a Phase II clinical trial of a Licensed Product; Ø $_______ upon dosing of a first human subject in a Phase III clinical trial of a Licensed Product; Ø $_______ upon filing of an BLA with FDA (or EMEA or an equivalent authority in) in any jurisdiction, for a Licensed Product; Ø $_______ following the first commercial sale of a Licensed Product; Ø $_______ for the second commercial sale of a Licensed Product. Ø $_______ for the first commercial sale of a Licensed Product for any non-human use.
11.9.2 Patent issuance milestone: Ø A one-time _______payment due upon issuance of a Licensed Patent in any of Australia, European Union, Japan, the U.S. or Canada including a valid claim to a Licensed Product.
11.9.3 Sales Milestones (one time): Ø $_______upon reaching 250 Million dollars in cumulative gross sales of Licensed Products. Ø $_______ upon reaching 500 Million dollars in cumulative gross sales of Licensed Products.
Performance Milestone Payments. Neumora shall pay to Vanderbilt the following one-time only milestone payments for the occurrence of each respective milestone event, whether triggered by actions of Neumora or a Sublicensee or their Affiliates, at the time set forth in Paragraph 5.5.1. The milestone events listed in Table 3.3.1 and Table 3.3.2 are numbered such that each numbered milestone is payable one-time in the aggregate under either Table 3.2.1 or Table 3.3.2, whichever occurs first, but not under both tables. Each milestone payment corresponding to a numbered milestone event will be triggered by the first Licensed Product (whether NMRA 266 or otherwise) to achieve the numbered milestone event, and no separate or additional payment would be triggered by the subsequent or additional achievement of the corresponding numbered milestone event by a Licensed Product (NMRA 266 or otherwise). For example, if NMRA 266 first achieves milestone event #2 under Table 3.3.2 (i.e., [***]), the ***] milestone payment under Table 3.3.2 would be due; however, no separate milestone payment would be due if and when a Licensed Product later achieves milestone event #2 under Table 3.3.1 (i.e., [***]).
Performance Milestone Payments. Adial shall pay to Foundation the following performance milestone amounts:
A. A milestone payment of one hundred seventy-five thousand dollars (U.S. $175,000) upon initiation of Phase III clinical trials (defined as the dosing of the first patient) for the first Licensed Product by or on behalf of Adial, an Affiliate, or Sublicensee; and
B. A milestone payment of two hundred seventy-five thousand dollars (U.S. $275,000) upon filing and acceptance for review of a New Drug Application with the FDA by or on behalf of Adial, an Affiliate, or Sublicensee for the first Licensed Product.
C. A milestone payment of one million dollars (U.S. $1,000,000) upon approval for sale (including marketing and/or reimbursement approval, where applicable) of the first Licensed Product by the regulatory authority in the U.S., the European Union or Japan. Fifty percent (50%) of the above milestone payments shall be due for the second Licensed Product to achieve each milestone. Licensed Products are considered different Licensed Products if they have a different active ingredient(s). Adial shall promptly provide Foundation with commercially reasonable evidence of Adial having achieved each of the above-defined Performance Milestones.
Performance Milestone Payments. Subject to Section 5.3, SIGA will pay the following milestone payments with respect to the first discrete molecule which is a Licensed Product under the terms of this Agreement according to the following schedule:
(A) Commencement of a formal preclinical development program: $ *;
(B) Submission of first investigative new drug (IND) application to the U.S. Food and Drug Administration (the "FDA"): $ *;
(C) Completion of first Phase I trials under the IND: $ *;
(D) Commencement of first Phase III trials under the IND: $ *; and
(E) Obtaining new drug approval (NDA) from the FDA: $ *. For any additional discrete molecules which are Licensed Products under the terms of this * Confidential information is omitted and filed separately with the SEC. Agreement, SIGA will pay milestone payments according to the above schedule and such milestone payments will be prorated (except for the NDA milestone payment) thus: *% second, *% third, *% fourth, *% fifth, *% sixth, and *% for each subsequent milestone payment. The NDA milestone is $ * for each occurrence with no proration.
Performance Milestone Payments. Neumora shall pay to Vanderbilt each of the following one-time only milestone payments for the occurrence of each respective milestone event, whether triggered by actions of Neumora or a Sublicensee or their Affiliates, at the time set forth in Paragraph 5.5.1.
Performance Milestone Payments. 11.9.1 Clinical Development Milestones: Text marked [****] has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested for the omitted information. Ø [****]upon dosing of the first human subject in a Phase I clinical trial of a Licensed Product; Ø [****]upon dosing of a first human subject in a Phase II clinical trial of a Licensed Product; Ø [****] upon dosing of a first human subject in a Phase III clinical trial of a Licensed Product; Ø [****]upon filing of an BLA with FDA (or EMEA or an equivalent authority in) in any jurisdiction, for a Licensed Product; Ø [****] following the first commercial sale of a Licensed Product; Ø [****]for the second commercial sale of a Licensed Product. Ø [****] for the first commercial sale of a Licensed Product for any non-human use.
11.9.2 Patent issuance milestone: Ø A one-time[****]payment due upon issuance of a Licensed Patent in any of Australia, European Union, Japan, the U.S. or Canada including a valid claim to a Licensed Product.
11.9.3 Sales Milestones (one time): Ø [****] upon reaching 250 Million dollars in cumulative gross sales of Licensed Products. Ø [****] upon reaching 500 Million dollars in cumulative gross sales of Licensed Products.
