CARACO TO OBTAIN FAIR MARKET SHARE Sample Clauses

CARACO TO OBTAIN FAIR MARKET SHARE. Caraco shall obtain its fair market share. Fair market share is considered an equal percentage of share which is calculated by dividing the total share available by the number of generic manufacturers that Caraco is competing against provided that Sun has the Product available and has gained FDA approval on the first day of launch or the day that the brand patent expires. Should Sun not provide Products on the first day of launch or the day that the brand patent expires then Caraco will obtain its fair market share by the second year of distribution in the Territory, excluding Products under the Narrow Therapeutic category or NTIs which historically are difficult to obtain share. If there is no other generic manufacturer other than Sun during the exclusivity period of the Product then fair market share is considered to be an agreed upon percentage of market share of the innovator Product. Should Caraco not obtain its fair market share then Sun reserves the right to terminate this Agreement as to that particular Product.
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CARACO TO OBTAIN FAIR MARKET SHARE. Caraco shall obtain its fair market share. Fair market share is considered an equal percentage of market share which is calculated by dividing the total share available by the amount of generic manufacturers that Caraco is competing against provided that Sun has product available and has gained FDA approval on the first day of launch or the day that the brand patent expires. Should Sun not provide Products on the first day of launch, then Caraco will obtain its fair market share by the second year of distribution in the territory, excluding products under the Narrow Therapeutic Index (NTI) category which historically are difficult to obtain share. Should Caraco not obtain its fair market share, Sun reserves the right to terminate this Agreement as to that particular Product. [ * ] CONFIDENTIAL TREATMENT REQUESTED BY CARACO PHARMACEUTICAL LABORATORIES, LTD. 2

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