Exclusivity Fee. 2.7.1 XXX shall pay TAI the exclusivity fees set forth in Schedule A (collectively, the “Exclusivity Fee”). Each installment of the exclusivity fee set forth in Schedule A shall be deemed non-refundable and fully earned as set forth in Schedule A.
Exclusivity Fee. During the Term, Codexis (a) will act exclusively with Shell regarding the rights and research described herein; and (b) will not (i) conduct research, discover or develop Biocatalysts, and associated processes for the use of such Biocatalysts, in the Field of Use for any other party or (ii) enter into any other agreements to conduct research, discover or develop Biocatalysts, and associated processes for the use of such Biocatalysts, in the Field of Use (including without limitation any agreement to convert Biomass to fermentable sugars unless such other party has provided express assurance in a written agreement that such fermentable sugars shall be used only outside the Field of Use), as more fully described with respect to both (a) and (b) in this Amended and Restated Research Agreement and pursuant to the covenant in Section 9.3. In consideration of such research activities performed exclusively for Shell in the Field of Use, Shell shall pay to Codexis an exclusivity fee of Twenty Million United States Dollars ($20,000,000) on the Execution Date. Except as expressly provided in Section 11.4(a), such exclusivity fee shall be non-refundable and non-creditable. For purposes of clarification, Shell acknowledges and agrees that such covenant regarding such exclusivity shall expire upon termination or expiration of this Agreement; provided that in the event of any Renewal Term in accordance with Section 11.1, Shell shall not be required to pay any additional exclusivity fee beyond that set forth in this Section 3.2 in order to maintain the research exclusivity as described herein and in Section 9.3 for the duration of this Agreement, including during the Initial Term and any such Renewal Term. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Exclusivity Fee. Commencing with the first anniversary of the Effective Date, and continuing until the earlier of (a) the *** or (b) the *** of the *** for the *** (if as of the *** of *** has*** provided written notice to *** that *** will *** the *** or *** of any ***), on each anniversary of the Effective Date, ViroPharma shall pay to Halozyme the non-refundable and non-creditable exclusivity fee of one million dollars ($1,000,000).
Exclusivity Fee. Commencing with the first anniversary of the Effective Date, and continuing with each successive anniversary until the initiation of the first Phase III Clinical Trial for the Product, Intrexon shall pay to Halozyme the non-refundable and non-creditable exclusivity fee of one million dollars ($1,000,000).
Exclusivity Fee. In consideration for the continuation of the Non-Competition Clause of Article XI as previously amended and restated, Rite Aid shall pay to GNC an exclusivity fee of $[*] annually beginning on May 1, 2004 (which shall be paid within 10 days following full execution hereof) and each May 1 hereafter through and including May 1, 2008.
Exclusivity Fee. In consideration for the grant of exclusivity pursuant to Section 3 during the License Term, SLB shall pay to Energy Recovery a one-time, non-refundable fee consistent with the milestones set forth in Schedule 6 Section 1.
Exclusivity Fee. During the period of supply exclusivity under Sections 4.1 to 4.4 above, B&D shall pay an additional [**] ($[**]) per cell as an Exclusivity Fee. For any 12-month period of bulk production described in Sections 4.1 to 4.4 above, the Exclusivity Fee shall be lowered to [**] ($[**]) per cell for the remainder of such 12-month period after B&D has purchased [**] percent ([**]%) of its committed volume for any such 12-month period (i.e., [**]% of the minimum total annual requirements for PACK PRODUCTS).
Exclusivity Fee. (a) During the period of supply exclusivity under Sections 4.1 to 4.4 above, B&D shall pay an additional [**] ($[**]) per 26650 CELL and [**]($[**]) per 18650 CELL as an Exclusivity Fee (subject to subparagraph (c) of this Section 4.6 below), which shall be calculated based on the applicable Cell count per PACK PRODUCT as illustrated below.
Exclusivity Fee. (a) Licensee shall pay Licensor an Exclusivity Fee of [***] which shall be fully earned and non-refundable upon receipt by Licensor upon the signing of this Amendment #1 and shall not be credited against royalties or Annual Guaranteed Minimum payments owed to the Licensor by the Licensee.
Exclusivity Fee. Subject to each Party’s right to terminate the Exclusivity Period pursuant to Section 2.5 hereof, and in consideration for the Exclusivity Grant, Scotts shall pay MBI the following payments according to the following schedule and subject to the respective conditions (collectively, the “Exclusivity Fee”):
