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:
Appears in 4 contracts
Samples: Option and License Agreement, Option and License Agreement (Arcus Biosciences, Inc.), Option and License Agreement (Arcus Biosciences, Inc.)
