Common use of Certain Additional Terms Clause in Contracts

Certain Additional Terms. For the avoidance of doubt, the following shall apply to Milestone Payments: (i) Milestone Payments (A) through (D) above shall be made no more than once (and each only upon the first achievement of the corresponding milestone), irrespective of how many Products achieve the corresponding milestone. Milestone Payments (E) and (F) above may be paid more than once (i.e., if there are multiple Optioned Agents), but each shall be paid only once for the first Optioned Product for each Optioned Agent that reaches the corresponding milestone. (ii) No unachieved Milestone Payments shall accrue and be due once notice has been given by United Therapeutics for termination of this Agreement in its entirety under Article 12.

Appears in 2 contracts

Sources: License and Collaboration Agreement (Mannkind Corp), License and Collaboration Agreement (UNITED THERAPEUTICS Corp)