definiens: means the following types of income received by Licensee [ * ] from granting rights, granting an option to certain rights or forbearing the exercise of any rights granted to LICENSEE under thisAgreement : upfront licensing fees paid to Licensee by third parties ( e.g., corporate partners and sublicensees ofLicensee ) and licensing and/or research and development ( R&D ) milestone payments made to Licensee for thedevelopment of Licensed Products which milestone payments are payable prior to ( but not after ) the commencementof clinical trials for a Licensed Product to which the income is attributable . Attributed Income does not includeamounts received by Licensee from third parties for the purchase of an equity interest in Licensee ( except amountsin excess of the fair market value of Licensee ’s stock at the time such purchase is made ), amounts received to fundLicensee ’s research and development efforts ( charged at cost ), amounts received by Licensee as a loan subject torepayment, or reimbursement of patent costs, or amounts received by Licensee for R&D and/or licensing of patentsnot dominated by Regents Patent Rights . For the sake of clarity, Attributed Income shall include amounts receivedby Licensee whether or not Dynavax ’ patents that are also licensed . ”Section 6 shall be deleted and restated as follows:“6 . LICENSE MAINTENANCE FEEThe Licensee shall also pay to The Regents a license maintenance fee on February 28 of each year, in theamount of [ * ] for each of calendar years 2010, 2011 and 2012 and [ * ] annually each February 28 thereafter, exceptthat that the maintenance fee is not due on any February 28 if on that date the Licensee is commercially selling aLicensed Product and paying an earned royalty or a minimum annual royalty to The Regents on the sales of thatLicensed Product exceeding such maintenance fee amount of [ * ] for the preceding year . License maintenance feesare non - refundable and are not an advance against earned royalties . ”Paragraph 8.1 shall be deleted and restated as follows : “ 8.1Clinical Milestone Payment : Licensee shall pay to The Regents : 8.1.1 [ * ] within thirty ( 30 ) days of the filing of each [ * ] with the [ * ], which is [ * ] after 4 AmendmentEffective Date ; [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITHTHE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACTOF 1934, AS AMENDED