Payments Non-Refundable. For the avoidance of doubt, it is understood that the payments in Sections 7.1-7.4, 7.9 and 7.10 above shall not be refundable and shall not be creditable against future milestone payments or other payments by BioMarin CF to La Jolla under this Agreement, nor shall any such payments be taken into account in calculating the Parties’ sharing of costs and Profit/Loss pursuant to Section 7.12 and the Financial Appendix.
Appears in 2 contracts
Sources: Development and Commercialization Agreement (Biomarin Pharmaceutical Inc), Development and Commercialization Agreement (La Jolla Pharmaceutical Co)