REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.1 Prior to signing this Agreement, the Licensee has provided the IC with the Commercial Development Plan in Appendix E, under which the Licensee intends to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.1 Prior to signing this Agreement, the Licensee has provided the NIH with the Commercial Development Plan in Appendix E, under which the Licensee intends to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.01 Prior to signing this Agreement, Licensee has provided to PHS the Commercial Development Plan at Appendix F, under which Licensee intends to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.1 Prior to signing this Agreement, the Licensee has provided IC with the WHO C-TAP Development Plan in Appendix E, under which the Licensee and its Sublicensees intend to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This WHO C-TAP Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.1 Prior to signing this Agreement, LICENSEE has provided to PHS a written commercialization plan (“Commercial Development Plan”) under which LICENSEE intends to bring the subject matter of the Licensed Patent Rights into commercial use. The Commercial Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance benchmarks are determined as specified in Appendix E (Benchmarks).
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.1 Prior to signing this Agreement, the Licensee has provided the NIAID with the Commercial Development Plan in Appendix E, under which the Licensee intends to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D. [***] [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.01 Within ninety (90) days of the Effective Date of this Agreement, Licensee shall provide OHSU with a written, executive summary of any current Development Plan being used by Licensee, or, if applicable, with any exclusive sublicensee.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.1 Prior to signing this Agreement, Licensee has provided PHS with the Commercial Development Plan in Appendix E, under which Licensee intends to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D. Licensee shall provide written annual reports on its product development progress or efforts to commercialize under the Commercial Development Plan for each of the Licensed Fields of Use ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(b)(4) and 230.406 within [***] after December 31 of each calendar year. These progress reports shall include, but not be limited to: progress on research and development, status of applications for regulatory approvals, establishment of manufacturing sites for Licensed Product(s), and status of sublicensing, marketing, importing, and sales during the preceding calendar year, as well as, plans for the present calendar year. PHS also encourages these reports to include information on any of Licensee’s public service activities that relate to the Licensed Patent Rights. If reported progress differs from that projected in the Commercial Development Plan and Benchmarks, Licensee shall explain the reasons for these differences. In the annual report, Licensee may propose amendments to the Commercial Development Plan, acceptance of which by PHS may not be denied unreasonably. Licensee agrees to provide any additional information reasonably required by PHS to evaluate Licensee’s performance under this Agreement. Licensee may amend the Benchmarks at any time upon written approval by PHS. PHS shall not unreasonably withhold approval of any request of Licensee to extend the time periods of the Benchmarks if the request is supported by a reasonable showing by Licensee of diligence in its performance under the Commercial Development Plan and toward bringing the Licensed Products to the point of Practical Application as defined in 37 CFR §404.3(d). Licensee shall amend the Commercial Development Plan and Benchmarks at the request of PHS to address any Licensed Fields of Use not specifically addressed in the plan originally submitted.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 9.1 Prior to signing this Agreement, the Licensee has provided the IC with the Commercial Development Plan in Appendix E, under which the Licensee intends to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Based on this plan, performance Benchmarks are determined as specified in Appendix D. Upon exercise of the option described in Paragraphs 3.2 and 3.3, Licensee agrees to update this Commercial Development Plan to be commensurate with the field of use requested for the exclusive commercial license within the Licensed Field of Use – Allogeneic.
REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS. 5.1 Prior to signing this Agreement, LICENSEE has provided to NIST the LICENSEE’s Commercial Development Plan, under which LICENSEE intends to bring the subject matter of the Licensed Patent Rights to the point of Practical Application. This Commercial Development Plan is hereby incorporated by reference into this Agreement. Benchmarks are based on the Commercial Development Plan and are listed in Appendix A.
