Common use of Change in Sales Practices Clause in Contracts

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this AgreementTerm, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties Royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Zymeworks to the extent currently contemplated under Section 5.4.16.3.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, MerckMERCK’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company AVEO to the extent currently contemplated under Section 5.4.1; provided, however if the Parties cannot agree on new ways of compensating AVEO, the terms of this Agreement shall remain in full force and effect.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, MerckMERCK’s sales practices for the marketing and distribution of Product its products generally may change to the extent to which that the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company PROTIVA to the extent currently contemplated under Section 5.4.15.5.1.

Change in Sales Practices. The Parties parties acknowledge that during the term of this Agreement, MerckMERCK’s sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties parties agree to meet and reasonably discuss in good faith new ways of compensating Company ARRIS to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s 's sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Metabasis to the extent currently contemplated under Section 5.4.15.5.1.

Change in Sales Practices. The Parties acknowledge that during the term of this AgreementTerm, Merck’s sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company to the extent currently contemplated under Section 5.4.17.5.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s Merck may desire to change its sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Acumen to the extent currently contemplated under this Section 5.4.1.6.7 in a manner that does not disadvantage Acumen; [***]

Change in Sales Practices. The Parties acknowledge that that, during the term of this Agreement, Merck’s the sales practices of Merck or its Affiliates for the marketing Commercialization and distribution of Product may change to the extent to which the calculation of the payment for royalties Royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company to the extent currently contemplated Xxxxx under Section 5.4.1this Agreement.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s 's sales practices for the marketing and distribution of Product may change to the extent to which that the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event event, the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Vertex to the extent currently contemplated under Section 5.4.15.13.

Change in Sales Practices. The Parties parties acknowledge that during the term of this Agreement, Merck’s 's sales practices for the marketing and distribution of Product Licensed Products may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties parties agree to meet and reasonably discuss in good faith new ways of compensating Company Transcell to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s 's sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Nastech to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties parties acknowledge that during the term of this AgreementTerm, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties parties agree to meet and reasonably discuss in good faith new ways of compensating Company Metabasis to the extent currently contemplated under Section 5.4.15.4, subject to the mutual written agreement of the parties.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company to the extent currently contemplated under Section 5.4.15.2.3(a).

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible[**]. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company to the extent currently contemplated under Section 5.4.1[**].

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, MerckMERCK’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company ARENA on a basis economically equivalent to the payments to ARENA to the extent currently contemplated provided for under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, MerckMERCK’s sales practices for the marketing and distribution of Product or Tests may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company deCODE to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s MERCK's sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company DOV to the extent currently contemplated under Section 5.4.15.6.1.

Change in Sales Practices. The Parties parties acknowledge that during the term -------------------------- of this Agreement, Merck’s 's sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties parties agree to meet and reasonably discuss in good faith new ways of compensating Company CytRx to the extent currently contemplated under Section 5.4.14.4.1.

Change in Sales Practices. The Parties parties acknowledge that during the term of this Agreement, Merck’s MERCK's sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties parties agree to meet and reasonably discuss in good faith new ways of compensating Company NEOGENESIS to the extent currently contemplated under Section 5.4.15.3.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Dynavax to effect the extent currently same economic outcome contemplated under Section 5.4.1.

Change in Sales Practices. The Parties parties acknowledge that during ------------------------- the term of this Agreement, Merck’s 's sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties parties agree to meet and reasonably discuss in good faith new ways of compensating Company CytRx to the extent currently contemplated under Section 5.4.14.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this AgreementTerm, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Cocrystal to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s MERCK's sales practices for the marketing and distribution of Product or Tests may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company deCODE to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which that the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event event, the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Vertex to the extent currently contemplated under Section 5.4.15.13.

Change in Sales Practices. The Parties acknowledge that during the term of this AgreementTerm, Merck’s sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company to the extent currently contemplated under Section 5.4.16.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change [**] to the extent to which the calculation of the payment for royalties on Net Sales [**] may become impractical or even impossible[**]. In such event event, at the request of Merck, the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company [**] to the extent currently contemplated under this Section 5.4.15.4.

Change in Sales Practices. The Parties parties acknowledge that during the term ------------------------- of this Agreement, Merck’s 's sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties parties agree to meet and reasonably discuss in good faith new ways of compensating Company CytRx to the extent currently contemplated under Section 5.4.14.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which that the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event event, the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Vertex to the extent currently contemplated under Section 5.4.15.13. * Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s 's sales practices for the marketing and distribution of Product [**] may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company deCODE to the extent currently contemplated under Section 5.4.15.5.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s MERCK's sales practices for the marketing and distribution of Licensed Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company NITROMED to the extent currently contemplated under Section 5.4.1; provided, however, if the Parties cannot agree in new ways of compensating NITROMED, the terms of this Agreement shall remain in full force and effect.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Bionomics to the extent currently contemplated under Section 5.4.1.

Change in Sales Practices. The Parties acknowledge that during the term of this Agreement, Merck’s sales practices for the marketing and distribution of Product may change to the extent to which the calculation of the payment for royalties on Net Sales may become impractical or even impossible. In such event the Parties agree to meet and reasonably discuss in good faith new ways of compensating Company Avalon to the extent currently contemplated under Section 5.4.15.3.1, but neither Party shall be obligated to agree to any change in compensation.