Common use of Milestone Deadlines Clause in Contracts

Milestone Deadlines. Notwithstanding the qualified nature of Orchard’s obligations under clause 4.1(b), the Parties acknowledge that any delay by Orchard in the provision of documentation and/or materials or performance of its activities set out in the Collaboration Plan (together the “Orchard Performance Obligations”) could prevent BioMedica from achieving the Milestones on or before the dates for such achievement as set out in Schedule 3. In the event that there is a delay in the performance of any Orchard Performance Obligations caused by Orchard and such delay directly or indirectly prevents BioMedica from achieving a Milestone on or before the dates for such achievement as set out in Schedule 3, the dates for achieving the affected Milestone and any linked subsequent Milestones which are affected by such delay shall be extended by the length of such delay. In the event that the Parties are unable to agree on (i) whether the delay in the performance of any Orchard Performance Obligations caused the delay or directly or indirectly prevented BioMedica from achieving a Milestone by the due date; or (ii) the applicable extension to such dates, the matter shall be referred to the Steering Committee for determination in accordance with clause 2.6.