ArthroCare’s Existing Distributors Sample Clauses

ArthroCare’s Existing Distributors. ArthroCare will make its best efforts to grant the licenses and rights herein to Collagen in the Netherlands, Canada, Greece, Turkey, Malaysia, Korea, Spain, Taiwan, Austria, Switzerland and the countries of the Middle East and Northern Africa. In consideration for Collagen’s global sales and marketing efforts under this Agreement, if ArthroCare is unable to grant the licenses and rights herein in any of these countries by July 30,1999, ArthroCare will, until ArthroCare is able to grant such rights in said countries, pay Collagen a marketing fee on ArthroCare’s product sales in each country. This marketing fee shall be 25% of ArthroCare’s transfer price to its distributor in each country for all Licensed Products sold in each country, provided that the transfer price from ArthroCare to its distributor minus the marketing fee paid to Collagen shall not be an amount less than 110% of ArthroCare’s fully allocated production cost of such Licensed Product. For the purposes of this section, Collagen will have the right, at Collagen’s expense, to conduct an audit of ArthroCare’s production costs with an independent auditor, provided that said independent auditor shall maintain the confidentiality of these production costs. In addition, if ArthroCare reaches a separate agreement with Canderm that will allow ArthroCare to grant the licenses and rights herein to Collagen in Canada, Collagen will share 50% of any costs to ArthroCare, up to a maximum of $50,000, for such settlement.
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Related to ArthroCare’s Existing Distributors

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  • REPRESENTATIONS AND WARRANTIES OF THE COMPANY AND THE STOCKHOLDERS 8 Section 4.01 By the Company and Each Stockholder..................... 8

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