Performance Milestone Date definition
Examples of Performance Milestone Date in a sentence
If ICF withdraws potential Incentive Payments it may, in its sole discretion, allow Homebuilder to reclaim a portion of any withdrawn Incentive Payments if Homebuilder exceeds future Performance Milestone Date Requirements.
If Company determines that it will be unable to achieve a Performance Milestone, Company will so notify University in advance of the Performance Milestone Date, and, providing Company demonstrates it is diligently pursuing commercialization of at least one Licensed Product, the Parties will negotiate an appropriate new Performance Milestone and/or related Performance Milestone Date in good faith.
For the avoidance of doubt, University’s termination rights shall be on an Indication Category by Indication Category basis (e.g., any failure to achieve a Performance Milestone by the applicable Performance Milestone Date for one Indication Icosavax, Inc.
In such event, the date upon which the last of the Principals is terminated without Cause by Buyer shall be deemed to be the Performance Milestone Date for purposes of this Section 2.7.
Except as set forth in Section 2.3(b), the Advances shall bear interest, on the outstanding Daily Balance thereof, at a per annum rate equal to one quarter of one percent (0.25%) above the Prime Rate; provided however, that on and after the Performance Milestone Date, and as long as no Event of Default has occurred prior to such date, the Nonformula Advances shall bear interest, on the outstanding Daily Balance thereof, at a per annum rate equal to the Prime Rate, subject to Section 2.3(b).
If Company determines that it will be unable to achieve the Performance Milestone by the Performance Milestone Date, Company will so notify University in advance of the Performance Milestone Date, and, provided Company demonstrates it is diligently pursuing commercialization of at least one Licensed Product, Company shall have the option of negotiating in good faith an appropriate new Performance Milestone and/or related Performance Milestone Date to accommodate for the reasonable length of the delay.
If Company determines that it will be unable to achieve a Performance Milestone, Company will so notify University in advance of the Performance Milestone Date, Company may request a Performance Milestone Extension (as described below) or, providing Company demonstrates it is diligently pursuing development and commercialization of at least one Licensed Product, Company may request that the Parties negotiate an appropriate new Performance Milestone and/or related Performance Milestone Date in good faith.
The Homebuilder acknowledges and agrees that the Documentation for the applicable Incentive Payment request must be submitted in compliance with Performance Milestone Date Requirements, and in no event later than November 30, 2023, to qualify for Incentive Payments.
The Homebuilder acknowledges and agrees that the Documentation for the applicable Incentive Payment request must be submitted in compliance with Performance Milestone Date Requirements, and in no event later than November 30, 2021, to qualify for Incentive Payments.
In addition, University agrees that the Performance Milestone Date shall be extended by the number of days of delay caused by any event reasonably deemed out of the control of Company, but such extension limited in duration to no longer than [***] year, including without limitation an Event of Force Majeure, the actions or inactions of any regulatory authority necessary for Company’s plans to commercialize the Licensed Rights, or inability to enroll clinical trials due to lack of eligible participants.