Examples of Tier 2 Product in a sentence
The royalty reductions under Sections 4.4.2, 4.4.3 and 4.4.4 only apply with respect to Tier 1 Products, and are subject to a [***] floor i.e. the royalty rate for a Tier 1 Product may not fall below the royalty rate for a Tier 2 Product shown in the right hand column of Table 4.3 even if more than one of Sections 4.4.2, 4.4.3 and 4.4.4 are applicable.
In the event that Fulcrum determines that a Tier 2 Product cannot be advanced despite the exercise of Commercially Reasonable Efforts, Fulcrum may terminate this Agreement in accordance with Section 9.6.
If Synosia wishes to develop a Tier 2 Product or Tier 3 Product for a CNS indication outside of the applicable Field; then Synosia may provide written notice thereof to Roche.
With respect to the Tier 3 Program directed to dBetaH inhibitors, Synosia shall pay to Roche a license maintenance fee of [*****] due and payable either (i) by [*****], or (ii) if any clinical trial of a Tier 2 Product is ongoing as of such date, then by the earlier of (x) [*****].
For clarity, if either a Tier 1 Product [***] or an Optioned Tier 2 Product [***] achieves the “[***]” milestone, then the same Tier 1 Product [***] or Optioned Tier 2 Product [***] is eligible to achieve the “[***]” only if (i) such [***] is tested in an [***] tested in achieving the “[***]” milestone and (ii) such “[***]” milestone has not already been achieved by the applicable Tier 1 Product or Optioned Tier 2 Product [***].
Synosia shall pay to Roche a license maintenance fee of [*****] due and payable either (i) by [*****], or (ii) if any clinical trial of a Tier 2 Product is ongoing as of such date, then by the earlier of (x) [*****].
F.Hoffmann-La Roche Ltd Page 4 of 8 SYN115 Products (but not, for the avoidance of doubt, the development events and corresponding payments under said Section 4.3(b) relating to any other Tier 2 Product) shall be as set forth in Schedule 1 attached to this 2nd Letter.
It is understood and agreed that SuperGen shall have no right to grant to EuroGen any rights to such Tier 2 Product on terms which, taken as a whole, are more favorable to EuroGen than those terms offered by SuperGen to RFN Party, if any, without first offering such terms to RFN Party.
Synosia shall use Commercially Reasonable Efforts to develop and commercialize (directly and/or through one or more Affiliates or sublicensees) at least one Tier 2 Product and one Tier 3 Product for each of the Tier 3 Programs in the United States and Europe and in such other markets in the Territory as Synosia deems commercially reasonable.
In the event that Fulcrum determines that a Tier 1 Product cannot be advanced despite the exercise of Commercially Reasonable Efforts, Fulcrum shall use Commercially Reasonable Efforts to Develop a Tier 2 Product.