CATALOGUE PROBE SETS Sample Clauses

CATALOGUE PROBE SETS. During the Catalogue Term, and only for the purpose of this Agreement, Epoch grants Qiagen a non-exclusive, non-assignable, non-sublicensable (except for sublicenses to end-user customers of Qiagen for the use of the Catalogue Probe Sets in the Field) and limited license under, and subject to the restrictions of, the Patent Rights listed in Part III of Exhibit B, to market, package, promote, sell, import, export and distribute the MGB Eclipse Probes with respect to Catalogue Probe Sets for use in the Field in the Territory, subject to the restrictions and limitations herein. * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH COMMISSION.
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CATALOGUE PROBE SETS. Qiagen shall establish prices for its sales of Catalogue Probe Sets and relevant Epoch Primers. Qiagen shall pay to Epoch, (i) with respect to each Catalogue Probe Set and relevant Epoch Primer purchased hereunder, a transfer price equal to [*]% of Epoch's Manufacturing Cost of the MGB Eclipse Probe Set with respect to each Catalogue Probe Set and [*]% of Epoch's Manufacturing Cost of each relevant Epoch Primer (the "Catalogue Transfer Price,") and (ii) a royalty equal to [*] percent ([*]%) of Net Sales with respect to the Catalogue Probe Sets and the relevant Epoch Primers ("Catalogue Royalties"). Catalogue Transfer Prices will be subject to adjustment from time to time by Epoch (but Epoch agrees to perform such review at least every [*] and promptly upon any material change in circumstances likely to materially decrease Manufacturing Cost) based upon changes in efficiencies, cost of materials, volume or related changes which impact the Manufacturing Costs (as previously defined). Any such adjustment shall be applied prospectively from the date of Epoch's determination that such adjustment is warranted, and shall have no impact on any pricing terms prior to such date. The initial Catalogue Transfer Price for the MGB Eclipse Probe Set with respect to Catalogue Probe Sets (for [*] and [*] scales) and relevant Epoch Primers is attached hereto as Exhibit A.
CATALOGUE PROBE SETS. Qiagen shall determine the specific gene targets with respect to the Catalogue Probe Sets, and instruct Epoch as to the sequence of the MGB Eclipse Probe and relevant Epoch Primer(s)for each Catalogue Probe Set. Qiagen may designate new products as Catalogue Probe Sets from time to time (subject to the restrictions of this Agreement) by providing Epoch with the necessary sequence of the MGB Eclipse Probe, indicating that such product will be a Catalogue Probe Set, and complying with the forecast requirements set forth in Section 3.2 hereof for such Catalogue Probe Set. Epoch shall accept orders with respect to any probe sequence designated by Qiagen, whether or not it has manufactured the same or similar sequence for any third party, subject to any obligations of Epoch to third parties and restrictions with respect to third party intellectual property rights.

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