Bead Pricing Clause Samples
Bead Pricing. TM shall pay Luminex for Beads at the prices set forth in Exhibit E (the “Bead Prices”) for all Beads purchased by TM. In addition:
(i) Luminex may not increase the Bead Prices without TM’s prior written consent within the first two (2) years after the Effective Date; and
(ii) following the first two (2) years after the Effective Date, Luminex may increase the Bead Prices in its discretion upon written notice to TM by an aggregate annual increase equal to the annual calendar percentage change in the CPI plus two percent (2%) for each year throughout the remainder of the Term. Notwithstanding the foregoing, Luminex may increase the Bead Pricing at any time to the extent of an increase in material costs or other production or manufacturing cost increase that can be substantiated by Luminex, but such increase in Bead Pricing shall not be more than such actual substantiated increase in Bead Pricing. Any such changes in the Bead Pricing shall be effective for all Beads ordered after notice is provided by Luminex.
Bead Pricing. RBM shall pay LUMINEX for Beads purchased according to the prices set forth on Exhibit D (the “Bead Prices”). The Bead Prices set forth on Exhibit D will be effective during the first two (2) years of this Agreement. Thereafter, during the term of this Agreement, the parties agree to negotiate in good faith Bead prices based upon (i) Luminex’s then current list Bead prices for similarly situated third party customers and (ii) the volume of Bead purchases. Notwithstanding the foregoing, the Parties agree to negotiate an equitable adjustment to the fees for Beads in the event of an increase in Luminex’s cost of Beads or components thereof purchased from a third party supplier.