PAYMENT INCREASE. Notwithstanding Section 3.4(a), in the event Licensee, an Affiliate or a Sublicensee directly or indirectly institutes or makes any Challenge, all of the payment obligations under this Section 3 (excluding Sections 3.1, 3.2 and 3.4(b)) and under Section 4 (excluding Section 4.3) of this Agreement shall be […***…] during the pendency of such Challenge from the date such challenging party first institutes or makes such Challenge and during the pendency of such Challenge, and shall continue to apply after the conclusion of such Challenge in the event that at least one Valid Claim that covers a Licensed Product is held to be valid and enforceable.
Appears in 2 contracts
Sources: License Agreement (Synthorx, Inc.), License Agreement (Synthorx, Inc.)