Tier 2 Payment definition
Examples of Tier 2 Payment in a sentence
For the avoidance of doubt, payments from a third party to Alexza for reimbursement of employee costs, out-of-pocket expenses, costs of clinical trial materials, toxicology studies and clinical trials shall not be considered a Tier 1 Payment, Tier 2 Payment or Tier 3 Payment for purposes of this Agreement.
A Settlement Class member who elects to pursue Expedited Arbitration may not re-elect to receive a Tier 1 or Tier 2 Payment, regardless of whether the payment otherwise available under those Tiers would have been greater than that ultimately awarded by the Arbitrator.
In the event that claims made pursuant to Paragraphs 12 and 13 otherwise would require AOL to make aggregate cash payments in excess of five million dollars ($5,000,000), AOL will make a cash payment of five million dollars ($5,000,000), and the cash payments to those entitled to cash payments pursuant to Paragraphs 12 and 13 will be reduced on a pro rata basis in proportion to the monetary value of each Settlement Class member’s Tier 1 or Tier 2 Payment or Arbitration Award.