Stackable License definition
Examples of Stackable License in a sentence
Any [***] that are reasonably allocable to more than one Licensed Product or other products of AstraZeneca or its Affiliates that, in each case, are in clinical trials or are being commercialized as of the effective date of such Stackable License shall be reasonably allocated by AstraZeneca among such Licensed Products and products.
Prior to or promptly after taking a Stackable License, AstraZeneca shall inform MAP of such allocation, and MAP shall have the right to have a third party expert, reasonably acceptable to AstraZeneca, audit such allocation to determine whether such allocation is reasonable, which audit shall otherwise be conducted in accordance with the procedures set forth for financial audits set forth in Section 8.11.2.
Notwithstanding Section 8.6.1, the license granted to MAP pursuant to the Elan License Agreement shall not be deemed a Stackable License.
AstraZeneca shall have the right to credit, to the extent permitted by, and in accordance with, Section 8.6.1, all royalties, milestones, and upfront license fees that AstraZeneca is ordered to or agrees to pay to a Third Party under a Stackable License in order to secure the right to continue the Exploitation of the Licensed Products pursuant to this Article 15, against the royalty payments to be paid by AstraZeneca to MAP with respect to the sale of Licensed Products under Section 8.2 [***].
For the avoidance of doubt: (i) a license for rights to [***] but any Net Sales with respect to [***] would be subject to adjustment [***]; (ii) a license to [***] would be a Stackable License under Section 8.6.1(a); (iii) a license to [***] would be a Stackable License under Section 8.6.1(a); and (iv) a license to [***] would not be a Stackable License but any Net Sales with respect to such other active ingredient would be subject to adjustment [***].