Common use of Prior Payment Clause in Contracts

Prior Payment. Seller shall retain the non-refundable amount of Seventeen Million Five Hundred Thousand United States Dollars ($17,500,000) (the “Prior Payment”) that Buyer paid to Seller on the Original Effective Date, of which $[**] was reimbursement to Seller for development costs it has incurred with respect to the Product.

Prior Payment. Seller shall retain the non-refundable amount of Seventeen Million Five Hundred Thousand United States Dollars ($17,500,000) (the “Prior Payment”) that Buyer paid to Seller on the Original Effective Date, of which $[**] 5,000,000 was reimbursement to Seller for development costs it has incurred with respect to the Product.