definiens: means the payment of ( i ) $ 55,000,000 to be made o r caused to be made by the Wellstat Parties to the Escrow Agent by the Final P ayment Date if the Wellstat Parties make or cause t o be made the Advance $ 5,000,000 Payment by the Diagnostics P ayment Date, ( ii ) $ 62,500,000 if the Advance $ 5,000, 000 Payment is not paid by the Diagnostics Payment Date, but is made prior to the Final Payment Date, or ( iii ) $ 67,500,000 if the Advance $ 5,000,000 Payment is no t paid, in each case as such Scheduled Final Paymen t shall be reduced on a dollar - for - dollar basis by payment of all or any portion of the Total Settlement Amoun t by or on behalf of the Wellstat Parties in excess of the Ini tial Settlement Payment and Advance $ 5,000,000 Paym ent pursuant to the terms hereof or the receipt of any proceeds by PDL from the sale of the BioVeris licen se pursuant to the terms hereof