definiens: ( as defined below ) if actual Net Sales of such Product for such Calendar Year are less than seventy - five percent ( 75 % ) of the Net Sales of such Product projected for such Calendar Year in the most recent Five Year Forecast of such Product approved by the JSC ( the ) . As defined herein, the shall mean an amount equal to fifty percent ( 50 % ) of the royalty that would have accrued on the difference between the Annual Minimum Sales Projection of such Product and actual Net Sales of such Product for such Calendar Year assuming such difference had been sold in such Calendar Year . 1ST A shall pay TANABE any Additional Annual Royalty Amount due for any Calendar Year as provided by this Paragraph 13.01 within thirty ( 30 ) days after the end of such Calendar Year with the royalty payment payable pursuant to Paragraph 12.05 . Notwithstanding anything herein to the contrary, payment by 1ST A of any Additional Annual Royalty Amount due and owing hereunder with respect to a Product Execution Copy DOCSOC1l251115v1 /014202 - 0045 19 shall cure in all respects any alleged failure hereunder by 1ST A to use Reasonable Efforts to market, sell or otherwise commercialize such Product