Common use of Unsuccessful Completion Clause in Contracts

Unsuccessful Completion. If Affimed does not identify ***** Lead Candidates that meet the specifications designated as “acceptable” for Xxxxx X-0 in the Development Plan prior to the expiration of the Maximum Efforts Period applicable to Xxxxx X-0, it shall provide to the Company and Xxxxxxx notice thereof on or before the end of such Maximum Efforts Period. Any such failure, or any failure confirmed pursuant to Section 5.4, shall be deemed a “Technical Failure” and the provisions of Section 5.3 shall apply to such Technical Failure.

Unsuccessful Completion. If Affimed does not identify ***** Lead Candidates that fails to successfully develop the Development Candidate and Back-up Candidate to meet the specifications designated as “acceptable” for Xxxxx X-0 in the Development Plan prior to the expiration of the Maximum Efforts Period applicable to Xxxxx X-0Phase C, it shall provide to the Company and Xxxxxxx notice thereof on or before the end of such Maximum Efforts Period. Any such failure, or any failure confirmed pursuant to Section 5.4, shall be deemed a “Technical Failure” and the provisions of Section 5.3 shall apply to such Technical Failure.