Adjustments to Transfer Price. Additionally, the parties agree to use commercially reasonable, good faith efforts to negotiate adjustments to the Transfer Price if (a) requested by Supplier, and only if Supplier’s cost to manufacture Company Product [****] since the Effective Date or latest prior price adjustment; or (b) requested by BioForm, upon the occurrence of a change in market dynamics that results in BioForm [****] since the Effective Date or latest prior price adjustment.
Adjustments to Transfer Price. On or prior to [ * ] of a Calendar Year at the time of the [ * ] Reconciliation, Exelixis and Licensee shall review the most recent Order Forecast provided by Licensee, and based on quantities planned for purchase and expected annual price increases by Exelixis’ Third Party manufacturers, and other related price factors, Exelixis and Licensee shall agree upon a new annual Transfer Price for the Calendar Year. The Parties agree that if by [ * ] of an applicable Calendar Year the Parties cannot agree on a new annual Transfer Price, the prior Calendar Year’s Transfer Price will apply, and any additional payments owed will be remediated through the next annual reconciliation in accordance with Section 3.1(b) above.”
Adjustments to Transfer Price. The Transfer Price shall be subject to adjustment as follows:
Adjustments to Transfer Price. Except with respect to Hetastarch, the Transfer Prices set forth in Exhibit C will be adjusted at the beginning of each Annual Period to reflect ***. The Transfer Price for Hetastarch shall be adjusted pursuant to the terms of section 5.5. Gensia Sicor shall provide written notice of such adjustment thirty (30) days prior to the date of the adjustment." *** Confidential Treatment has been requested with respect to certain portions of this agreement.
Adjustments to Transfer Price. Except as otherwise noted, set forth on Exhibit C is a calculation by GENSIA of the Per Unit Materials Cost for each Product presentation based * * * together with the resulting Transfer Price for each Product presentation based on such Per Unit Materials Cost. The Per Unit Materials Costs portion of the Transfer Price of each Product presentation shall be adjusted at the beginning of each Annual Period during the term of this Agreement. GENSIA shall provide written notice of such adjustment thirty (30) days prior to the date of the adjustment. Such adjustment will be based on the then current actual invoice costs of Materials used to manufacture and package Products to be delivered to OHMEDA PPD during the applicable period.
Adjustments to Transfer Price. Except as otherwise noted, set forth on Exhibit C is a calculation by Gensia Sicor of the Per Unit Materials Cost for each Product presentation *** Variable Standard Costs and the Full Standard Costs (for Vecuronium), together with the resulting Transfer Price based on the calculation in Section 5.1 hereof. The Per Unit Materials Cost, the Variable Standard Costs, and the Full Standard Costs shall be adjusted at the beginning of each Annual Period during the term of this Agreement. A Per Unit Materials Cost reduction in the Diltiazem 5ml and 10ml product shall be reflected as a reduction in the Transfer Price set forth in Section 5.1. Gensia Sicor shall provide written notice of such adjustment thirty (30) days prior to the date of the adjustment. Such adjustment will be based on the then current actual invoice costs of Materials used to manufacture and package products to be delivered to Baxter PPI, the actual Variable Standard Costs and the actual Full Standard Costs during the applicable period.
Adjustments to Transfer Price. Except as otherwise noted, set forth on Exhibit C is a calculation by Gensia Sicor of the Per Unit Materials Cost for each Product presentation based on actual invoices or purchase orders in effect for such Materials at the time of the execution of this Amendment, the Variable Standard Costs and the Full Standard Costs (for Vecuronium and Enalaprilat), together with the resulting Transfer Price based on the calculation in Section 5.1 hereof. The Per Unit Materials Cost, the Variable Standard Costs, and the Full Standard Costs shall be adjusted at the beginning of each Annual Period during the term of the Agreement. A Per Unit Materials Cost reduction in the Diltiazem 5mL and 10mL product shall be reflected as a reduction in the Transfer Price set forth in Section 5.1. Gensia Sicor shall provide written notice of such adjustment thirty (30) days prior to the date of the adjustment. Such adjustment will be based on the then current actual invoice costs of Materials used to manufacture and package products to be delivered to Baxter PPI, the actual Variable Standard Costs and the actual Full Standard Costs during the applicable period.
