Common use of BUNDLED PRODUCTS AND SERVICES Clause in Contracts

BUNDLED PRODUCTS AND SERVICES. In the event that Licensed Products are sold, licensed, distributed or used in combination with one or more other products or services which are not Licensed Products, the Net Revenues for such combination products will be calculated on a country-by-country basis by multiplying actual net sales (calculated on the basis as if they were Net Revenues) of such combination products by the fraction A/(A+B) where A is the average invoice price, during the relevant quarterly period, of the Licensed Product when sold or licensed separately by Licensee or a Affiliate, and B is the average invoice price during such period of any other product(s) or services in the combination when sold or licensed separately by Licensee or an Affiliate. If the products or services in the combination that are not Licensed Products have not been sold or licensed separately by Licensee or a Affiliate in the relevant quarterly period, Net Revenues shall be calculated by multiplying actual net sales (calculated on a basis as if they were Net Revenues) of such combination products by the fraction A/C where A is the average invoice price, during the last quarterly period, of the Licensed Product when sold or licensed separately and C is the average invoice price of the combination product during such period. If the Licensed Product has not been sold or licensed separately by Licensee or a Affiliate in the last quarterly period, regardless whether the combination product without the Licensed Product is sold or licensed separately, Net Revenues shall be calculated as in the immediately preceding sentence except that A shall be the total manufacturing cost of Licensed Product and C shall be the total manufacturing cost of the combination.

BUNDLED PRODUCTS AND SERVICES. In the event that Licensed Products are sold, licensed, distributed or used in combination with one or more other products or services which are not Licensed Products, the Net Revenues for such combination products will be calculated on a country-by-country basis by multiplying actual net sales (calculated on the basis as if they were Net Revenues) of such combination products by the fraction A/(A+B) where A is the average invoice price, during the relevant quarterly period, of the Licensed Product when sold or licensed separately by Licensee or a an Affiliate, and B is the average invoice price during such period of any other product(s) or services in the combination when sold or licensed separately by Licensee or an Affiliate. If the products or services in the combination that are not Licensed Products have not been sold or licensed separately by Licensee or a Affiliate in the relevant quarterly period, Net Revenues shall be calculated by multiplying actual net sales (calculated on a basis as if they were Net Revenues) of such combination products by the fraction A/C where A is the average invoice price, during the last quarterly period, of the Licensed Product when sold or licensed separately and C is the average invoice price of the combination product during such period. If the Licensed Product has not been sold or licensed separately by Licensee or a Affiliate in the last quarterly period, regardless of whether the combination product without the Licensed Product is sold or licensed separately, Net Revenues shall be calculated as in the immediately preceding sentence except that A shall be the total manufacturing cost of the Licensed Product and C shall be the total manufacturing cost of the combination.

BUNDLED PRODUCTS AND SERVICES. In the event that Licensed Sublicensed Products are sold, licensed, distributed or used in combination with one or more other products or services which are not Licensed Sublicensed Products, the Net Revenues for such combination products will be calculated on a country-by-country basis by multiplying actual net sales (calculated on the basis as if they were Net Revenues) of such combination products by the fraction A/(A+B) where A is the average invoice price, during the relevant quarterly period, of the Licensed Sublicensed Product when sold or licensed separately by Licensee CDx or a an Affiliate, and B is the average invoice price during such period of any other product(s) or services in the combination when sold or licensed separately by Licensee CDx or an Affiliate. If the products or services in the combination that are not Licensed Sublicensed Products have not been sold or licensed separately by Licensee CDx or a an Affiliate in the relevant quarterly period, Net Revenues shall be calculated by multiplying actual net sales (calculated on a basis as if they were Net Revenues) of such combination products by the fraction A/C where A is the average invoice price, during the last quarterly period, of the Licensed Sublicensed Product when sold or licensed separately and C is the average invoice price of the combination product during such period. If the Licensed Sublicensed Product has not been sold or licensed separately by Licensee CDx or a an Affiliate in the last quarterly period, regardless of whether the combination product without the Licensed Sublicensed Product is sold or licensed separately, Net Revenues shall be calculated as in the immediately preceding sentence except that A shall be the total manufacturing cost of Licensed Sublicensed Product and C shall be the total manufacturing cost of the combination.

BUNDLED PRODUCTS AND SERVICES. In the event that a Licensed Products are Product is sold, licensed, licensed or distributed or used in combination with one or more other products or services which are not Licensed Products, the Net Product Revenues for such a combination products product will be calculated on a country-by-country basis by multiplying actual net sales (calculated on the basis as if they such actual net sales were Net Product Revenues) of such combination products product by the fraction A/(A+B), where (i) where A “A” is the average invoice price, during the relevant calendar quarterly period, of the Licensed Product component in such combination product when sold or licensed separately by Licensee or a an Affiliate, and B (ii) “B” is the average invoice price during such period of any other product(s) or services service(s) in the combination when sold or licensed separately by Licensee or an Affiliate. If the products product(s) or services service(s) in the combination that are not Licensed Products have not been sold or licensed separately by Licensee or a an Affiliate in the relevant calendar quarterly period, Net Product Revenues for such a combination product shall be calculated by multiplying actual net sales (calculated on a basis as if they such actual net sales were Net Product Revenues) of such combination products product by the fraction A/C C, where A (x) “A” is the average invoice price, during the last calendar quarterly period, of the Licensed Product component in such combination product when sold or licensed separately separately, and C (y) “C” is the average invoice price of the combination product during such period. If the Licensed Product component of a combination product has not been sold or licensed separately by Licensee or a an Affiliate in the last calendar quarterly period, regardless whether the combination product without the Licensed Net Product is sold or licensed separately, Net Revenues shall be calculated as in the immediately preceding sentence sentence, except that A “A” shall be the total manufacturing cost of Licensed Product component of the combination product, and C “C” shall be the total manufacturing cost of the combinationcombination product.

BUNDLED PRODUCTS AND SERVICES. In the event that Licensed Products are sold, licensed, distributed or used in combination with one or more other products or services which are not Licensed Products, the Net Revenues for such combination products will be calculated on a country-by-country basis by multiplying actual net sales (calculated on the basis as if they were Net Revenues) of such combination products by the fraction A/(A+B) where A is the average invoice price, during the relevant quarterly period, of the Licensed Product when sold or licensed separately by Licensee or a Affiliate, and B is the average invoice price during such period of any other product(s) or services in the combination when sold or licensed separately by Licensee or an Affiliate. If the products or services in the combination that are not Licensed Products have not been sold or licensed separately by Licensee licensee or a Affiliate in the relevant quarterly period, Net Revenues shall be calculated by multiplying actual net sales (calculated on a basis as if they were Net Revenues) of such combination products by the fraction A/C where A is the average invoice price, during the last quarterly period, of the Licensed Product when sold or licensed separately and C is the average invoice price of the combination product during such period. If the Licensed Product has not been sold or licensed separately by Licensee or a Affiliate in the last quarterly period, regardless whether the combination product without the Licensed Product is sold or licensed separately, Net Revenues shall be calculated as in the immediately preceding sentence except that A shall be the total manufacturing cost of Licensed Product and C shall be the total manufacturing cost of the combination.