Exclusivity Payment definition
Examples of Exclusivity Payment in a sentence
Subject to ARTICLE X, within thirty (30) days after the first anniversary of the Second Development Completion Payment Date (such anniversary, the “Exclusivity Payment Date”), and thereafter within thirty (30) days after each anniversary of the Exclusivity Payment Date, ▇▇▇▇▇▇▇▇ shall pay to Palomar ten million dollars (US $10,000,000) (each, an “Annual Exclusivity Collaboration Payment”).
If Entegris defaults on this obligation, Cellect may find an alternate party for manufacturing the polymer systems in which case Entegris would receive a royalty of five percent (5%) of the Product final sales, payable by Cellect on a quarterly basis, until the aggregate amount payable hereunder is equal to the amounts paid by Entegris on account of the Collaboration and Exclusivity Payment.
The value of Product purchased by Oxford within the twelve (12)-month period following each Exclusivity Payment may be credited against such Exclusivity Payment, up to the amount of the Exclusivity Payment paid (the “Purchase Offset”).
Provided that the Exclusivity Payment is timely made and provided that Buyer complies with Section 1.1.5, Noramco and its Affiliates shall not sell API to any third party for use in the production of products of any kind in the Territory, or to any third party for delivery of products of any kind into the Territory.
If Buyer shall fail to pay the Exclusivity Payment or to comply with Section 1.1.5, Noramco may terminate Buyer’s exclusivity under this Section 1.1.2 by sending written notice of noncompliance to Buyer.