It is a License Agreement, not an unconditional contract
I don't think that is quite right. If [lexicon]IH[/lexicon] wanted to bail on the license, they should have done it before the 350 day test started, or at least fairly soon after it started.
Waiting until the 350 days was done, they have hit another milestone, and they are on the hook unless they can show it was not achieved. IMO.