Common use of Yield Improvements Clause in Contracts

Yield Improvements. For each increase of [ * ] percentage points in manufacturing Yield in excess of [ * ] Yield (as such Yield level may be adjusted pursuant to Section 4.2(a)), as calculated at the completion of the first [ * ] Batches of Drug Substance at [ * ]L Commercial Scale that comply with the warranties in Section 8.1(a) pursuant to Sections 4.2(a) and (b), Onyx will pay to XOMA a milestone payment of [ * ]. Increases in Yield must be evidenced by the average Yield of the [ * ] Batches of Drug Substance (or, if the Yield for one Batch differs by at least [ * ] percentage points from the average Yield of the other [ * ] Batches, the average Yield of such [ * ] Batches and the next Batch at Commercial Scale that complies with the warranties in Section 8.1(a)) at or in excess of [ * ] Yield (as so adjusted). For purposes of example: If [ * ] consecutive Batches result in Yields of [ * ], respectively, XOMA will have earned an aggregate milestone payment of [ * ], as there has been a demonstrated Yield improvement of [ * ] percentage points, which is equal to [ * ] increments of [ * ] percentage points so that XOMA would receive [ * ] milestone payments of [ * ]. If [ * ] consecutive Batches result in Yields of [ * ], respectively, and a [ * ] Batch results in a Yield of [ * ], the [ * ] Batch would be disregarded, and XOMA will have earned an aggregate milestone payment of [ * ] based upon the other [ * ] Batches, as there has been a demonstrated Yield improvement of [ * ] percentage points, which is equal to [ * ] increments of [ * ] percentage points so that XOMA would receive [ * ] milestone payments of [ * ].

Yield Improvements. For each increase of [ * ] percentage points in manufacturing Yield in excess of [ * ] Yield (as such Yield level may be adjusted pursuant to Section 4.2(a)), as calculated at the completion of the first [ * ] Batches of Drug Substance at [ * ]L Commercial Scale that comply with the warranties in Section 8.1(a) pursuant to Sections 4.2(a) and (b), Onyx ONYX will pay to XOMA a milestone payment of [ * ]. Increases in Yield must be evidenced by the average Yield of the [ * ] Batches of Drug Substance (or, if the Yield for one Batch differs by at least [ * ] percentage points from the average Yield of the other [ * ] Batches, the average Yield of such [ * ] Batches and the next Batch at Commercial Scale that complies with the warranties in Section 8.1(a)) at or in excess of [ * ] Yield (as so adjusted). For purposes of example: If [ * ] consecutive Batches result in Yields of [ * ], respectively, XOMA will have earned an aggregate milestone payment of [ * ], ] as there has been a demonstrated Yield improvement of [ * ] percentage points, which is equal to [ * ] increments of [ * ] percentage points so that XOMA would receive [ * ] milestone payments of [ * ]. If [ * ] consecutive Batches result in Yields of [ * ], ] respectively, and a [ * ] Batch results in a Yield of [ * ], ] the [ * ] Batch would be disregarded, and XOMA will have earned an aggregate milestone payment of [ * ] based upon the other [ * ] Batches, as there has been a demonstrated Yield improvement of [ * ] percentage points, which is equal to [ * ] increments of [ * ] percentage points so that XOMA would receive [ * ] milestone payments of [ * ]] Milestone payments for Yield improvements under this Section 6.5(b) shall be payable only once for each [ * ] percentage points of Yield improvement.

Yield Improvements. For each increase of [ * [*] percentage points in manufacturing Yield in excess of [ * [*] Yield (as such Yield level may be adjusted pursuant to Section 4.2(a)), as calculated at the completion of the first [ * [*] Batches of Drug Substance at [ * [*]L Commercial Scale that comply with the warranties in Section 8.1(a) pursuant to Sections 4.2(a) and (b), Onyx ONYX will pay to XOMA a milestone payment of [ * [*]. Increases in Yield must be evidenced by the average Yield of the [ * [*] Batches of Drug Substance (or, if the Yield for one Batch differs by at least [ * [*] percentage points from the average Yield of the other [ * [*] Batches, the average Yield of such [ * [*] Batches and the next Batch at Commercial Scale that complies with the warranties in Section 8.1(a)) at or in excess of [ * [*] Yield (as so adjusted). For purposes of example: If [ * [*] consecutive Batches result in Yields of [ * [*], respectively, XOMA will have earned an aggregate milestone payment of [ * [*], as there has been a demonstrated Yield improvement of [ * [*] percentage points, which is equal to [ * [*] increments of [ * [*] percentage points so that XOMA would receive [ * [*] milestone payments of [ * [*]. If [ * [*] consecutive Batches result in Yields of [ * [*], respectively, and a [ * [*] Batch results in a Yield of [ * [*], the [ * [*] Batch would be disregarded, and XOMA will have earned an aggregate milestone payment of [ * [*] based upon the other [ * [*] Batches, as there has been a demonstrated Yield improvement of [ * [*] percentage points, which is equal to [ * [*] increments of [ * [*] percentage points so that XOMA would receive [ * [*] milestone payments of [ * [*]. Milestone payments for Yield improvements under this Section 6.5(b) shall be payable only once for each [*] percentage points of Yield improvement.

Yield Improvements. For each increase of [ * [*] percentage points in manufacturing Yield in excess of [ * [*] Yield (as such Yield level may be adjusted pursuant to Section 4.2(a)), as calculated at the completion of the first [ * [*] Batches of Drug Substance at [ * [*]L Commercial Scale that comply with the warranties in Section 8.1(a) pursuant to Sections 4.2(a) and (b), Onyx will pay to XOMA a milestone payment of [ * [*]. Increases in Yield must be evidenced by the average Yield of the [ * [*] Batches of Drug Substance (or, if the Yield for one Batch differs by at least [ * [*] percentage points from the average Yield of the other [ * [*] Batches, the average Yield of such [ * [*] Batches and the next Batch at Commercial Scale that complies with the warranties in Section 8.1(a)) at or in excess of [ * [*] Yield (as so adjusted). For purposes of example: If [ * [*] consecutive Batches result in Yields of [ * [*], respectively, XOMA will have earned an aggregate milestone payment of [ * [*], as there has been a demonstrated Yield improvement of [ * [*] percentage points, which is equal to [ * [*] increments of [ * [*] percentage points so that XOMA would receive [ * [*] milestone payments of [ * [*]. If [ * [*] consecutive Batches result in Yields of [ * [*], respectively, and a [ * [*] Batch results in a Yield of [ * [*], the [ * [*] Batch would be disregarded, and XOMA will have earned an aggregate milestone payment of [ * ] based upon the other [ * ] Batches, as there has been a demonstrated Yield improvement of [ * ] percentage points, which is equal to [ * ] increments of [ * ] percentage points so that XOMA would receive [ * ] milestone payments of [ * ].aggre-