Common use of Launch During Exclusivity Period Clause in Contracts

Launch During Exclusivity Period. Subject to Sections 6.2(a)(iii) and 6.2(a)(iv), in the event that, during the Exclusivity Period, Xxxxxxxx Launches a Xxxxxxxx Joint Independent Product or an Other Independent Product in the Field, within thirty (30) days of such Launch, Xxxxxxxx shall pay to Palomar on account of the Launch of such product, five million dollars (US $5,000,000). In the event that, subsequent to such Launch, Xxxxxxxx terminates the Exclusivity Period pursuant to Section 10.2, within thirty (30) days of the end of the Exclusivity Period, Xxxxxxxx shall pay to Palomar on account of the Launch of such product, an additional five million dollars (US $5,000,000). Such payments shall be non-creditable and non-refundable and there shall be no right of set-off with respect thereto. (ii)

Launch During Exclusivity Period. Subject to Sections 6.2(a)(iii) and 6.2(a)(iv), in the event that, during the Exclusivity Period, Xxxxxxxx Gxxxxxxx Launches a Xxxxxxxx Gxxxxxxx Joint Independent Product or an Other Independent Product in the Field, within thirty (30) days of such Launch, Xxxxxxxx Gxxxxxxx shall pay to Palomar on account of the Launch of such product, five million dollars (US $5,000,000). In the event that, subsequent to such Launch, Xxxxxxxx Gxxxxxxx terminates the Exclusivity Period pursuant to Section 10.2, within thirty (30) days of the end of the Exclusivity Period, Xxxxxxxx Gxxxxxxx shall pay to Palomar on account of the Launch of such product, an additional five million dollars (US $5,000,000). Such payments shall be non-creditable and non-refundable and there shall be no right of set-off with respect thereto. (ii).

Launch During Exclusivity Period. Subject to Sections 6.2(a)(iii) and 6.2(a)(iv), in the event that, during the Exclusivity Period, Xxxxxxxx Launches a Xxxxxxxx Joint Independent Product or an Other Independent Product in the Field, within thirty (30) days of such Launch, Xxxxxxxx shall pay to Palomar on account of the Launch of such product, five million dollars (US $5,000,000). In the event that, subsequent to such Launch, Xxxxxxxx terminates the Exclusivity Period pursuant to Section 10.2, within thirty (30) days of the end of the Exclusivity Period, Xxxxxxxx shall pay to Palomar on account of the Launch of such product, an additional five million dollars (US $5,000,000). Such payments shall be non-creditable and non-refundable and there shall be no right of set-off with respect thereto. (ii).