Average Selling Price Fluctuation Clause Samples

Average Selling Price Fluctuation. In the event of a decrease or increase of 15% or more in the Average Selling Price (as defined below) of the Product compared with the last contractual year in the Territory, the parties will negotiate in good faith as to whether an adjustment (decrease or increase) in the Royalty Rates and/or purchasing forecast is appropriate. For the purposes hereof, “Average Selling Price” shall be the final price that the Products are actually sold by Pineworld to any end-user, excluding discounts and effects of bundling. Pineworld shall undertake to provide all information relating to sales, on a quarterly basis, to ensure transparent determination of Average Selling Price.