Common use of Pending Patent Applications Clause in Contracts

Pending Patent Applications. If a pending patent application that is included within the NatImmune Patents issues in a country after the Royalty Term has already expired in such country, and such issued Patent contains a Valid Claim, then Enzon shall, (a) within sixty (60) days from the issuance of such Patent, pay to NatImmune royalties based on Net Sales in such country from the date of the expiration of the Royalty Term in such country up to and including the date of issuance of such Patent and (b) continue to make Royalty Payments in such country so long as there is a Valid Claim in such country. This Section 4.6 shall also apply if there has been a reduction in the royalty payments paid to NatImmune pursuant to Section 4.3(b) and a NatImmune Patent with a Valid Claim later issues (in which case the amount of any related royalty reduction effected pursuant to Section 4.3(b) shall then be paid to NatImmune).