Non-Refundability. All milestone payments and research and development funding payments Abbott makes to API pursuant to Section 3.1 or 3.2 shall be non-refundable once paid. However, if this Agreement is terminated for any reason prior to a given milestone or research and development funding payment becoming due or if the events specified for a given milestone or research and development funding payment do not occur, then Abbott shall have no obligation to make such milestone or research and development funding payment; provided, however, that if API terminates this Agreement due to Abbo▇▇'▇ ▇▇▇erial Breach pursuant to Section 16.2(b), the foregoing shall not relieve Abbott of liability for damages, if any, that API may recover from Abbott in an ADR proceeding pursuant to Section 18.2(b).
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Sources: License Agreement (Aronex Pharmaceuticals Inc), License Agreement (Aronex Pharmaceuticals Inc)
Non-Refundability. All milestone payments and research and development funding payments Abbott makes to API pursuant to Section 3.1 or 3.2 shall be non-refundable once paid. However, if this Agreement is terminated for any reason prior to a given milestone or research and development funding payment becoming due or if the events specified for a given milestone or research and development funding payment do not occur, then Abbott shall have no obligation to make such milestone or research and development funding payment; provided, however, that if API terminates this Agreement due to Abbo▇▇▇▇▇▇'▇ ▇▇▇erial Material Breach pursuant to Section 16.2(b), the foregoing shall not relieve Abbott of liability for damages, if any, that API may recover from Abbott in an ADR proceeding pursuant to Section 18.2(b).
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