Collaboration Year definition
Examples of Collaboration Year in a sentence
This Agreement shall commence as of the Effective Date and shall expire on the last day of Collaboration Year 4, unless extended by mutual written agreement of the Parties or unless earlier terminated pursuant to the terms of this Agreement (the “Term”).
ARS shall make each such payment to an account designated by ALK pursuant to Section 6.4. For clarity, no Base Fee shall be payable during Collaboration Year 1 and the earned but unpaid Base Fee for Collaboration Year 1 shall be paid in accordance with this Section 6.1 or Section 11.5.
Commencing in Collaboration Year 2, on a Quarterly basis during the Term, ARS shall, within [***] after the end of each Quarter, provide ALK with a report showing [***].
Commencing in Collaboration Year 2, on a Quarterly basis during the Term, in the event that the Market Share for such Quarter equaled or exceeded the applicable Market Share Threshold for such Quarter, then, after receipt of each report provided by ARS under Section 6.2(a) above, ALK shall promptly issue to ARS an invoice for the amount of the Performance Bonus set forth in such report.
Within [***] after receipt of the invoice from ALK with respect to the Performance Bonus for a given Quarter, to the extent that ARS does not dispute in good faith the amount set forth in such invoice, ARS shall pay to ALK the Performance Bonus for such Quarter to an account designated by ALK pursuant to Section 6.4. For clarity, no Performance Bonus shall be earned or payable during or with respect to Collaboration Year 1.
Commencing in Collaboration Year 2, on a Quarterly basis during the Term, ALK is eligible for a Performance Bonus for any Quarter in which the Market Share for such Quarter equaled or exceeded the applicable Market Share Threshold for such Quarter.
Commencing in Collaboration Year 2, on a Quarterly basis during the Term, within [***] after the end of each Quarter, ALK shall promptly issue to ARS an invoice for the amount of the applicable Base Fee for such Quarter; provided that for each Quarter in Collaboration Year 2, such invoice shall also include the applicable Base Fee for the corresponding Quarter in Collaboration Year 1.
For clarity, upon termination of this Agreement during Collaboration Year 2, all accrued payments relating to Collaboration Year 1 pursuant to Section 6.1(b) that remain unpaid as of such termination shall accelerate and be payable to ALK within [***] after the effective date of termination pursuant to the immediately preceding sentence.