I reviewed docs filed with the ITC for Acer and Amazon . The contract wording regarding conditions for two payments is as follows (edits and bolding by me). I believe both contracts were signed Sept. 6
1st payment due and payable on Sept. 12. Only in the event any Licensee product is found to be in violation..in the Initial Determination by the ALJ, a 2nd payment shall be due & payable not later than 14 calendar days following the first payment. (Note: this date should be no later than Sept. 26) Should there be no violation finding, only the First payment shall be due....deemed fully paid
Dismissal
5.1 within 2 court days following receipt of 1st payment, parties shall file join motion to terminate ITC (Note: motion to terminate in ITC was filed 9/17)
5.21 within 2 court days following either (i.) receipt of 2nd conditional payment or (ii) no infringement finding, Licensor shall cause its counsel to dismiss w/prejudice all claims in No District (Note: motion to terminate in No District was filed 9/17)