Examples of Completion Milestone Payment in a sentence
Pursuant to the C-70 Project Agreement, a failure to perform certain obligations by the Developer may result in a Substantial Completion Deduction Amount to the Substantial Completion Milestone Payment.
Substantial Completion Milestone Payment Amount means the amount determined in accordance with Sections 4.1 and 4.2 of Exhibit 10 (Payment Mechanism) to the Agreement.
Substantial Completion Milestone Payment Adjustment means the amount determined in accordance with Sections 4.1 and 4.2 of Exhibit 10 (Payment Mechanism) to the Agreement.
Performance-based Payment DeductionsThe Substantial Completion Milestone Payment and all performance payments will be subject to monetary deductions for the Developer’s failure to meet: 1) quality or service requirements (“Noncompliance Events”), and 2) unexcused lane closures (“Closures”).
Following approval by the FDA of Lifitegrast under the brand name Xiidra, Fortis alleged that the former SARcode stockholders were now due the Base Case Approval Milestone Payment in addition to the previously earned OPUS-2 Successful Completion Milestone Payment.
The Substantial Completion Milestone Payment Amount will be adjusted in accordance with Section 4.2 below.
Merger Agreement § 9.1(a).Shire, on the other hand, argues that the Achievement Date has not occurred, which forecloses Fortis from claiming that either the OPUS-2 Successful Completion Milestone Payment or the Base Case Approval Milestone Payment are due.14 Under Shire’s construction of the definition of Achievement Date, the clinical data must demonstrate that both sign and symptom co-primary efficacy endpoints were achieved in a specific clinical trial, the OPUS-2 Study.
Fortis alleges that it is currently due the OPUS-2 Successful Completion Milestone Payment and the Base Case Approval Milestone Payment.As noted, all of the Base Case Milestones are contingent upon the occurrence of the Achievement Date.
Shire responded to Fortis’ inquiry regarding the OPUS-2 Successful Completion Milestone Payment on November 12, 2015, stating that none of the Base Case Milestones had been met (or ever would be met) because the Achievement Date had not occurred given that the OPUS-2 Study had failed to meet the sign co-primary endpoint.In February 2016, Shire refiled its NDA with the FDA and included the OPUS-3 Study data in its application.
Once that occurred, Fortis argues it was due the OPUS-2 Successful Completion Milestone Payment.