After First Commercial Sale. After the First Commercial Sale of a Licensed Product, Surface shall deliver reports to Harbour within days of the end of each Reporting Period, containing information concerning the immediately preceding Reporting Period, as further described in Section 5.2.
(iii) after the First Commercial Sale of such Product in such country.
Notwithstanding anything contained in Section 6.4.1, each milestone payment in this Section 6.4 shall be payable only upon the first achievement of such milestone, and no amounts shall be due for subsequent or repeated achievements of such milestone in subsequent Calendar Years. For example, if in the first Calendar Year after the First Commercial Sale Net Sales equal [ ] Dollars ($[ ]), then an Annual Net Sales-Based Milestone Payment of [ ] Dollars ($[ ]) would be paid. If in the second Calendar Year after the First Commercial Sale Net Sales equal [ ]Dollars ($[ ]), then no Annual Net Sales-Based Milestone Payment would be paid. If in the third Calendar Year after the First Commercial Sale Net Sales equal [ ]Dollars ($[ ]), then no Annual Net Sales-Based Milestone Payment would be paid. If in the fourth Calendar Year after the First Commercial Sale Net Sales equal [ ] Dollars ($[ ]), then an Annual Net Sales-Based Milestone Payment of [ ] Dollars ($[ ]) would be paid. If in the fifth Calendar Year after the First Commercial Sale Net Sales equal [ ] Dollars ($[ ]), then an Annual Net Sales-Based Milestone Payment of [ ] Dollars ($[ ]) would be paid and no additional Annual Net Sales-Based Milestone Payment would be paid subsequently. For purposes of clarity, the maximum aggregate amount payable by [[Organization A:Organization]] pursuant to this Section 6.4 is [ ] Dollars ($[ ]).
“First Commercial Sale” means, the first sale for monetary value of the Product in a country of the Territory to a Third Party after all Regulatory Approvals for the Product has been obtained in such country. Sales prior to receipt of all Regulatory Approvals for the Product in such country, such as so-called “treatment IND sales,” “named patient sales,” and “compassionate use sales,” shall not be construed as a First Commercial Sale.
“First Commercial Sale” means, for each Product, the first sale by AYTU, its Subsidiaries or its sublicensees after the Effective Date for end use or consumption of such Product in an arm’s length sale in the United States, and in the case of CCP-08, after the FDA has approved the NDA for such Product.
Royalty Term means, with respect to a Licensed Product and a country, the period of time beginning with the First Commercial Sale of such Licensed Product in such country and continuing until the later of # rears after such First Commercial Sale of such Licensed Product in such country and # expiration of the last Valid Claim Covering the manufacture, use, offer for sale, sale or importation of such Licensed Product in such country.
BEFORE THE FIRST COMMERCIAL SALE, WUXIS MAXIMUM LIABILITY IN RESPECT OF ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, IN THE AGGREGATE, SHALL NOT EXCEED . AFTER THE FIRST COMMERCIAL SALE, WUXIS MAXIMUM LIABILITY IN RESPECT OF ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, IN THE AGGREGATE, SHALL NOT EXCEED .
Generic Launch mean the first commercial sale of a Generic Product in any country.
First Commercial Sale means, with respect to any Licensed Product and with respect to any country of the Territory, the first commercial transfer or disposition for value of a Licensed Product by Arcus, its Affiliates or their sublicensees to a Third Party following, if required by Applicable Law, Regulatory Approval of such Licensed Product and, when Regulatory Approval is not required by Applicable Law for the Licensed Product, the first commercial sale in that country, in each case for use or consumption of such Licensed Product in such country by the general public; provided that sales for clinical study purposes or compassionate, named patient (paid or unpaid) or similar use will not constitute a First Commercial Sale.
First Commercial Sale means the date, following Regulatory Approval in a given country, that the first Licensed Product is offered for sale or sold, whichever is earlier, to an arms length customer.
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