definiens: ( as defined inArticle 3.06 ) . Licensee shall not agree to receive anything of value in lieu of cash payments in consideration for anysublicense without the express prior written permission of Duke, such permission not to be unreasonably withheld, provided that ( i ) such permission may be conditioned upon mutual agreement concerning the manner in which Dukeshall be paid the applicable percentage share of such consideration under this Article 2.04 and ( ii ) Duke shall not, asa condition to such permission, require the payment or provision to Duke of more than the applicable percentageshare of such non - cash consideration under this Article 2.04 unless mutually agreed upon by both Licensee andDuke . Duke shall provide Licensee notice of its approval or denial of such noncash * * * CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [ * * * ], HAS BEEN OMITTED AND FILEDSEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIESEXCHANGE ACT OF 1934, AS AMENDED