Common use of Bundling Clause in Contracts

Bundling. In the event that any particular HIV Product is sold as part of a bundle or kit with products other than the HIV Product, the Net Sales allocated to such HIV Product shall be determined by multiplying the net selling price (that is, the gross selling price less such applicable deductions as are permitted in the calculation of Net Sales) of the bundle or kit by the fraction A ÷ (A + B) where A is the average selling price during the period in question in the country in question in quantities similar to the sale in question for the HIV Product sold separately and B is the average selling price during the period in question in the country in question in quantities similar to the sale in question for the remaining products in the bundle or kit, when such products are sold separately from the HIV Product (in each case as the average selling price is documented by Inverness or its Affiliates or Sublicensees’ records). In the event that any products contained in the bundle or kit are not sold separately, the Net Sales from sales of such bundle or kit allocated to HIV Products shall be determined in a fair and equitable manner by mutual agreement of the parties.

Bundling. In the event that any particular HIV Cassette Product is sold as part of a bundle or kit with products other than the HIV Cassette Product, the Net Sales allocated to such HIV Cassette Product shall be determined by multiplying the net selling price (that is, the gross selling price less such applicable deductions as are permitted in the calculation of Net Sales) of the bundle or kit by the fraction A ÷ (A + B) where A is the average selling price during the period in question in the country in question in quantities similar to the sale in question for the HIV Cassette Product sold separately and B is the average selling price during the period in question in the country in question in quantities similar to the sale in question for the remaining products in the bundle or kit, when such products are sold separately from the HIV Cassette Product (in each case as the average selling sellling price is documented by Inverness the seller or its Affiliates or Sublicensees’ records). In the event that any products contained in the bundle or kit are not sold separately, the Net Sales from sales of such bundle or kit allocated to HIV Cassette Products shall be determined in a fair and equitable manner by mutual agreement of the parties.