Bundled Products. In the event that a Licensed Product is sold as part of a Bundled Product the Net Sales of the Licensed Product, for the purposes of determining royalty payments, shall be determined by multiplying the Net Sales of the Bundled Product by the fraction, A/(A+B) where A is the average sale price of the Licensed Product when sold separately in finished form, provided A is sold thusly, and B is the average sale price of the other product(s) in the Bundled Product sold separately in finished form. In the event the Licensed Product is not sold separately in finished form, Licensor and Licensee will mutually agree on a value for the average sale price of the Licensed Product if it were to be sold separately in finished form and that average sale price will be incorporated into the calculation above.
Appears in 3 contracts
Samples: Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.), Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.), Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.)
Bundled Products. In the event that a Licensed Product is sold as part of a Bundled Product the Net Sales of the Licensed Product, for the purposes of determining royalty payments, shall be determined by multiplying the Net Sales of the Bundled Product by the fraction, A/(A+B) where A is the average sale price of the Licensed Product when sold separately in finished form, provided A is sold thusly, and B is the average sale price of the other product(s) in the Bundled Product sold separately in finished form. In the event the Licensed Product is not sold separately in finished form, Licensor and Licensee will mutually agree on a value for the average sale price of the Licensed Product if it were to be sold separately in finished form and that average sale price will be incorporated into the calculation above.
Appears in 3 contracts
Samples: Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.), Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.), Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.)