Product Milestones. Virobay will pay to Celera one-time milestone payments as set forth in this Section 6.2 within [* * *] days after the first achievement of the corresponding milestone for the first Assigned Product to reach such milestone by Virobay, its Affiliates or Licensees. Such payment will be made in Dollars by wire transfer of immediately available funds into an account designated by Celera. No milestone payment will be payable more than once, no matter how many times achieved by a single Assigned Product or multiple Assigned Products; for example, if the first [* * *], and the fee of $[* * *] has been paid, but such [* * *], and a second [* * *], no milestone shall be due upon [* * *], but shall be due and owing upon [* * *]. Such milestone payments will be nonrefundable and non-creditable against Royalties payable pursuant to Sections 6.3 and 6.5, and any other fees, milestone payments or other payments due Celera under this Agreement. Milestone Event Milestone Payment Amount (Dollars)
Product Milestones. Adaptimmune shall pay the following product milestone payments on the first Product to achieve each of the following milestones (“Product Milestones”):
Product Milestones. Pharmacyclics will pay to Celera milestone payments as set forth in this Section 6.3 within thirty (30) days after the first achievement of the corresponding milestone for an Assigned Product which is an [***] or which is a [***]. Such payments shall be made in Dollars by wire transfer of immediately available funds into an account designated by Celera. No milestone payment will be payable more than once, no matter how many times achieved by a single Assigned Product or by multiple Assigned Products in each of such two product categories. Such milestone payments will be nonrefundable and non-creditable against Royalties payable pursuant to Sections 6.4, and any other fees, milestone payments or other payments due Celera under this Agreement. Milestone Event Milestone Payment Amount (Dollars) [***] [***] 1. [***] $ [***] $ [***]
Product Milestones. (a) Pharmacyclics will pay to Celera payments as set forth in this Section 6.3 within thirty (30) days after (i) under Section 6.3(b) and 6.3(c), Pharmacyclics’ receipt of upfront and milestone payments from one or more Third Parties upon the grant by Pharmacyclics of a sublicense to such Third Party under the Celera Technology and the Celera Patents to make, use, offer to sell, sell and import any Assigned Product which is an [***], and (ii) under Section 6.3(d), the first achievement of the [***] indicates material that has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. corresponding milestone for an Assigned Product which is an [***] or which is a [***]. Such payments shall be made in Dollars by wire transfer of immediately available funds into an account designated by Celera. No achievement milestone payment will be payable more than once, no matter how many times such milestone is achieved by a single Assigned Product or by multiple Assigned Products in each of the [***] category or the [***] category. Such payments will be nonrefundable and non-creditable against Royalties payable pursuant to Sections 6.4, and any other fees, milestone payments or other payments due Celera under this Agreement.
Product Milestones. Virobay will pay to Celera one-time milestone payments as set forth in this Section 6.3 within [* * *] days after the first achievement of the corresponding milestone for the first Assigned Product or Combination Product to reach such milestone by Virobay, its Affiliates or Licensees. Such payment will be made in Dollars by wire transfer of immediately available funds into an account designated by Celera. No milestone payment will be payable more than once, no matter how many times achieved by a single Assigned Product or multiple Assigned Products or Combination Products. Such milestone payments will be nonrefundable and non-creditable against Royalties payable pursuant to Sections 6.4 and 6.6, and any other fees, milestone payments or other payments due Celera under this Agreement.
Product Milestones. (a) During the period commencing on the date hereof and ending upon the earliest of (a) the execution of a stock purchase agreement between the Parties and relating to the Micrologix Shares, substantially in the form of that attached hereto as Exhibit 3.2; and (b) the termination of this Agreement and (c) 15th February 2004, the Parties shall immediately and expeditiously, with diligence and in good faith, negotiate the said stock purchase agreement on the basis of the form attached hereto as Exhibit 3.2 (the “Stock Purchase Agreement”). The Parties acknowledge and agree that, if the Parties cannot agree to the terms of and do not execute the Stock Purchase Agreement for any reason whatsoever, the term “Stock Purchase Agreement” where referenced herein shall be disregarded and Micrologix may elect to either terminate this Agreement pursuant to Article 6.1 or make the Milestone Payments in cash, which shall be its sole and exclusive remedy.”
Product Milestones. (a) InterMune shall pay to Amgen milestone payments as set forth in this Section 6.3(a) within [*] days after the first achievement of the corresponding milestone for a PEG-Infergen Product that is pegylated [*] (an "Amgen PEG-Infergen Product") that is [*] to be [*]. No milestone payment shall be payable more than once, no matter how many times achieved by a single [*] or multiple [*] Such milestone payments shall be nonrefundable and noncreditable against royalties payable pursuant to Sections 6.4 and 6.7, and any other fees, milestone payments or other payments due Amgen under this Agreement. Milestone Event Milestone Payment Amount
Product Milestones. (a) Pharmacyclics will pay to Celera payments as set forth in this Section 6.3 within thirty (30) days after (i) under Section 6.3(b) and 6.3(c), Pharmacyclics' receipt of upfront and milestone payments from one or more Third Parties upon the grant by Pharmacyclics of a sublicense to such Third Party under the Celera Technology and the Celera Patents to make, use, offer to sell, sell and import any Assigned Product which is an [***], and (ii) under Section 6.3(d), the first achievement of the corresponding milestone for an Assigned Product which is an [***] or which is a [***]. Such payments shall be made in Dollars by wire transfer of immediately available funds into an account designated by Celera. No achievement milestone payment will be payable more than once, no matter how many times such milestone is achieved by a single Assigned Product or by multiple Assigned Products in each of the [***] category or the [***] category. Such payments will be nonrefundable and non-creditable against Royalties payable pursuant to Sections 6.4, and any other fees, milestone payments or other payments due Celera under this Agreement.
Product Milestones. (A) InterMune shall pay to Amgen milestone payments as set forth in this Section 6.3(a) within [***] days after the first achievement of the corresponding milestone for a PEG-Infergen Product that is pegylated [***] (an "Amgen PEG-Infergen Product") that is [***] to be [***]. No milestone payment shall be payable more than once, no matter how many times achieved by a single [***] or multiple [***] Such milestone payments shall be nonrefundable and noncreditable against royalties payable pursuant to Sections 6.4 and 6.7, and any other fees, milestone payments or other payments due Amgen under this Agreement. MILESTONE PAYMENT MILESTONE EVENT AMOUNT --------------- ----------------- 1. [***] [***] 2. [***] [***] 3. [***] [***] 4. [***] [***] 5. [***] [***] ----- TOTAL [***]
Product Milestones. Buyer shall make the payments described in Table 2 below (each, a “Product Milestone Payment”), following first achievement or first occurrence of the corresponding event with respect to LNP Products developed by the Company or Buyer, its Affiliates or a Rights Transferee or any Affiliate thereof (each a “Product Milestone Event”) described in the row to the left of such payment in Table 2. Table 2 No. Product Milestone Event Product Milestone Payment 1. [**] $[**]
