Anti-Stacking. In the event the manufacture, use or sale of a particular Product under this Agreement would infringe the Patent Rights of any Third Party absent a license thereunder, and Lilly obtains a license under such Patent Rights, then Lilly may deduct from the amounts due to NextCure pursuant to Sections 6.5 and 6.6, [***] of any payments actually paid to any such Third Party as consideration solely for any such license to such Patent Rights; provided, however, that in no event shall the milestone payment or royalty owed to NextCure be reduced by more than [***].
Appears in 2 contracts
Sources: Research and Development Collaboration Agreement (NextCure, Inc.), Research and Development Collaboration Agreement (NextCure, Inc.)