Common use of Triggers Clause in Contracts

Triggers. Any obligation of Micron to pay Intermolecular a [***]Fee identified in a Project SOW shall be conditioned upon Intermolecular's satisfaction of certain technical criteria for Deliverables (the “Trigger(s)”) set forth in such Project SOW. A Project SOW for Category B2 or Category C may include multiple Triggers, consisting of several distinct criteria capable of independent satisfaction, such that Intermolecular's satisfaction of each individual Trigger shall give rise to an obligation for Micron to pay a corresponding portion of the overall [***]Fee (calculated by dividing the Success Fee by the number of Triggers, or as otherwise set forth in a Project SOW), subject to satisfaction of the related Production Threshold and provided that the total number of Triggers for any Project SOW shall not exceed four (4). As an example, for illustrative purposes only, a hypothetical Project SOW for Category B2 may have a [***]Fee of [***] per year, [***] for five (5) years, and may be determined to have three (3) Triggers. In this example, assuming that Intermolecular satisfies a first Trigger and related Production Threshold initially and satisfies a second Trigger and related Production Threshold one year later, but never satisfies the third Trigger, then Micron would [***] of [***] per year, payable for five (5) years, upon satisfaction of the first Trigger and related Production Threshold, and one year later Micron would [***] a second, separate [***] of [***] per year, [***] for five (5) years, upon satisfaction of the second Trigger and related Production Threshold, but the full [***] would not be payable by Micron because Intermolecular failed to satisfy the third Trigger and related Production Threshold.

Triggers. Any obligation of Micron to pay Intermolecular a [***]Fee identified in a Project SOW shall be conditioned upon Intermolecular's satisfaction of certain technical criteria for Deliverables (the “Trigger(s)”) set forth in such Project SOW. A Project SOW for Category B2 or Category C may include multiple Triggers, consisting of several distinct criteria capable of independent satisfaction, such that Intermolecular's satisfaction of each individual Trigger shall give rise to an obligation for Micron to pay a corresponding portion of the overall [***]Fee (calculated by dividing the Success Fee by the number of Triggers, or as otherwise set forth in a Project SOW), subject to satisfaction of the related Production Threshold and provided that the total number of Triggers for any Project SOW shall not exceed four (4). As an example, for illustrative purposes only, a hypothetical Project SOW for Category B2 may have a [***]Fee of [***] per year, payable for [***] for five (5) years, and may be determined to have three (3) Triggers. In this example, assuming that Intermolecular satisfies a first Trigger and related Production Threshold initially and satisfies a second Trigger and related Production Threshold one year later, but never satisfies the third Trigger, then Micron would [***] of [***] per year, payable for five (5) [***] years, upon satisfaction of the first Trigger and related Production Threshold, and one year later Micron would [***] a second, separate [***] of [***] per year, payable for [***] for five (5) years, upon satisfaction of the second Trigger and related Production Threshold, but the full [***] ]Fee would not be payable by Micron because Intermolecular failed to satisfy the third Trigger and related Production Threshold.