Allowable Deductions. When factually applicable, the following deductions may be deducted from actual xxxxxxxx as determined above: (a) rebates, volume, quantity, trade or cash discounts, allowed and taken, in amounts customary in the trade; (b) sales taxes and/or use taxes and/or duties imposed upon, and with specific reference to, particular SALES to the extent included in the amount of actual xxxxxxxx; (c) amounts allowed or credited on returns, rejections or recalls, voluntary or otherwise (not exceeding the original billing); and (d) charges for freight, freight allowances, and outbound transportation costs prepaid to the extent included in such actual xxxxxxxx. No other allowance or deduction shall be made including without limitation allowances or deductions for any commissions or sales fees by whatever name known.
Appears in 2 contracts
Samples: License Agreement (Orphan Medical Inc), License Agreement (Orphan Medical Inc)
Allowable Deductions. When factually applicable, the following deductions may be deducted from actual gross xxxxxxxx as determined above:
(a) rebates, volume, quantity, trade or cash discounts, allowed and taken, in amounts customary in the trade;
(b) sales taxes and/or use taxes and/or duties imposed upon, and with specific reference to, particular SALES to the extent included in the amount of actual gross xxxxxxxx;
(c) amounts allowed or credited on returns, rejections or recalls, voluntary or otherwise (not exceeding the original billinggross xxxxxxxx); and
(d) charges for freight, freight allowances, and outbound transportation costs prepaid to the extent included in such actual gross xxxxxxxx. No other allowance or deduction shall be made including without limitation allowances or deductions for any commissions or sales fees by whatever name known.
Appears in 2 contracts
Samples: License Agreement (BioVex Group, Inc.), License Agreement (BioVex Group, Inc.)
Allowable Deductions. When factually applicable, the following deductions may be deducted from actual xxxxxxxx gross bxxxxxxx as determined above:
(a) rebates, volume, quantity, trade or cash discounts, allowed and taken, in amounts customary in the trade;
(b) sales taxes and/or use taxes and/or duties imposed upon, and with specific reference to, particular SALES SALE to the extent included in the amount of actual xxxxxxxxgross bxxxxxxx;
(c) amounts allowed or credited on returns, rejections or recalls, voluntary or otherwise (not exceeding the original billinggross bxxxxxxx); and
(d) charges for freight, freight allowances, and outbound transportation costs prepaid to the extent included in such actual xxxxxxxxgross bxxxxxxx. No other allowance or deduction shall be made including without limitation allowances or deductions for any commissions or sales fees by whatever name known.
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