Skipped Milestones. If at the time any given milestone payment set forth in Section 4.2 is due and one or more preceding milestone payments for logically antecedent milestones have not been paid, then such unpaid antecedent milestone payments shall be paid at such time as well. For example, if at the time an [***] milestone payment is due for a Licensed Product, an [***] milestone payment has not been paid for a Licensed Product, then such [***] milestone payment shall be paid at such time as well.
Skipped Milestones. In the event that a Product is not required to undergo the testing associated with a particular Milestone Event, the Milestone Payment associated with such Milestone Event shall become due and payable with the next occurring Milestone Payment owed for such Product. For the avoidance of doubt, no Milestone Payment shall be payable twice as a result of this Section 4.2.5, including if a Milestone Payment for the Milestone Event for the initiation of a Phase III Clinical Trial was previously paid with respect to another country or region that is combined with the applicable region.
Skipped Milestones. If a Development Milestone Event for a Target is skipped (i.e., a later Development Milestone Event for a Target is payable before the achievement of an earlier Development Milestone Event for such Target), then the Development Milestone Payments for such earlier-listed and skipped Development Milestone Events for such Target will be deemed to have been achieved upon the achievement of the subsequent Development Milestone Event; [***].
Skipped Milestones. If at the time any given milestone payment set forth in Section 6.2 or 6.3 is due and one or more preceding milestone payments for preceding milestone events have not been paid, then such unpaid preceding milestone payments shall be paid at such time as well. For example, (i) [...***...] and (ii) [...***...].
Skipped Milestones. Except as otherwise provided below, if a subsequent milestone within a given regulatory pathway (i.e., the Global Study Pathway, Bridging Study Pathway or Regional Study Pathway, each a “Regulatory Pathway”) for an indication category (i.e., [***] Indication, [***] Indication, and [***] Indication, each an “Indication Category”) within an Arcus Program is Achieved prior to one or more particular milestone(s) of an earlier stage (determined by reference to the milestone numbers 1, 2, 3, 4, each a “Milestone Stage”) within such given Regulatory Pathway for such Indication Category within such Arcus Program, then the prior, previously unpaid milestone(s) shall be deemed to have been met for such given Regulatory Pathway and Indication Category within such Arcus Program, and the corresponding milestone payment(s) shall become due and payable to Arcus within [***] days after the later of TAIHO’s receipt of an invoice from Arcus for such amounts and [***]. For example, if the Global Study Pathway milestones apply and the parties conduct a Phase II Global Study for a [***] Indication, and then TAIHO or its Sublicensee files a first NDA or BLA in Japan for a [***] Indication based on the results of such Clinical Trial without conducting a Phase III Global Study, milestone 2 of the Global Study Pathway for such [***] Indication will be due upon the filing of such NDA or BLA. Notwithstanding the foregoing:
Skipped Milestones. On a Licensed Compound-by-Licensed Compound basis, if a Milestone Event in Section 8.3(a)(vi), (vii) or (viii) is achieved with respect to a Licensed Product containing the applicable Licensed Compound, all prior Milestone Events in Section 8.3(a)(iv) or (a)(v) that have not yet occurred shall be deemed to have occurred, and any Milestone Payment(s) associated with such Milestone Event(s) that have not previously been paid for such Licensed Compound, subject to 8.3(b), shall be due and payable with the Milestone Payment associated with the Milestone Event described in Section 8.3(a)(vi), (vii) or (viii).
Skipped Milestones. The following provisions would apply with respect to certain circumstances that could result in one or more of the Milestone Events not being achievable or achieved.[***]
Skipped Milestones. In the event that one or more of the above milestones for a Product is skipped but a subsequent milestone is achieved for the same Product, the amounts payable for the skipped milestones [***] the payment of the next milestone. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.
Skipped Milestones. On a Licensed Compound-by-Licensed Compound basis, (i) if a Milestone Event in Section 10.2.1(a)(iii), Section 10.2.1(a)(v) or Section 10.2.1(a)(vii) is achieved with respect to a Licensed Product that contains or is comprised of a Licensed Compound prior to the Milestone Event in Section 10.2.1(a)(i) with respect to a Licensed Product that contains or is comprised of such Licensed Compound, then the Milestone Payment associated with such achieved Milestone Event and the Milestone Payment associated with the Milestone Event in Section 10.2.1(a)(i) shall be paid concurrently for such Licensed Compound, and (ii) if a Milestone Event in Section 10.2.1(a)(iv), Section 10.2.1(a)(vi) or Section 10.2.1(a)(viii) is achieved with respect to a Licensed Product that contains or is comprised of a Licensed Compound prior to the Milestone Event in Section 10.2.1(a)(ii) with respect to a Licensed Product that contains or is comprised of such Licensed Compound, then the Milestone Payment associated with such achieved Milestone Event and the Milestone Payment associated with the Milestone Event in Section 10.2.1(a)(ii) shall be paid concurrently for such Licensed Compound.
Skipped Milestones. If at the time any given milestone payment set forth in Section 4.2.1 is due and one or more preceding milestone payments for antecedent milestone events, for the same Indication in the case of development and regulatory milestones, have not been paid, then such unpaid preceding milestone payments shall be paid at such time as well. For example, (i) if a milestone payment is made for the filing or Acceptance of a Drug Approval Application with respect to a Licensed Product for the second Indication but no Phase 3 Clinical Trials were conducted with respect to that Licensed Product for the second Indication, the milestone payment associated with the Initiation of a Phase 3 Clinical Trial for that Licensed Product will be paid concurrently with the milestone payment for the filing or Acceptance of a Drug Approval Application for the second Indication and (ii) if the first Calendar Year in which Net Sales reach $* million is also the first Calendar Year in which Net Sales reach $* million, then both the milestone payment for achievement of $* million of Net Sales and the milestone payment for achievement of $* million of Net Sales will be paid concurrently.
