Post-Phase II Termination Sample Clauses

Post-Phase II Termination. (i) In the event SALUS provides termination notice under this Section 17.3.2 after PARI delivers the Test Drug Products and Test Inhalers to SALUS for the Phase II Clinical Study but before PARI delivers the Drug Products and Inhalers to SALUS for the Phase III Clinical Study, such termination penalty shall be the sum of: (x) [*] percent [*] of: [*] less all payments made to PARI for Post-Phase II Services up to the date of such notice; and (y) the 2nd Milestone payment set forth in Section 6.7 of this Agreement. (ii) In the event SALUS provides termination notice under this Section 17.3.2 after PARI delivers the Drug Products and Inhalers to SALUS for the Phase III Clinical Study but before SALUS files an NDA or European Dossier for the Drug Product, such termination penalty shall be the sum of: (x) [*] percent [*] of: [*] less all payments made to PARI for Post-Phase II Services up to the date of such notice; and (y) the 3rd Milestone payment set forth in Section 6.7 of this Agreement. (iii) In the event SALUS provides termination notice under this Section 17.3.2 after SALUS files an NDA or European Dossier for the Drug Product but before SALUS obtain regulatory approval of such NDA or EMEA, such termination penalty shall be the sum of: (x) [*] percent [*] of: [*] less all payments made to PARI for Post-Phase II Services up to the date of such notice; and (y) the 4th Milestone payment set forth in Section 6.7 of this Agreement.