Combination/Bundled Products. In the event that a Product is sold by Eton or its Affiliates in combination with one or more products which is itself not a Product, then Net Sales shall be calculated by multiplying the sales price of such combination sale by the fraction A/(A+B) where A is the fair market value of the Product(s) and B is the fair market value of the other product(s) in the combination sale, each as reasonably determined by Eton.
Appears in 10 contracts
Samples: Marketing Agreement, Asset Purchase Agreement, Sales/Marketing Agreement (Eton Pharmaceuticals, Inc.)
Combination/Bundled Products. In the event that a Product is sold by Eton or its Affiliates in combination with one or more products which is itself not a Product, then Net Sales shall be calculated by multiplying the sales price of such combination sale by the fraction A/(A+B) where A is the fair market value of the Product(s) and B is the fair market value of the other product(s) in the combination sale, each as reasonably determined by EtonEton after consultation with Eyemax.
Appears in 4 contracts
Samples: Exclusive Sales and Marketing Agreement (Eton Pharmaceuticals, Inc.), Exclusive Sales and Marketing Agreement (Eton Pharmaceuticals, Inc.), Exclusive Sales and Marketing Agreement (Eton Pharmaceuticals, Inc.)
Combination/Bundled Products. In the event that a Product is sold by Eton Imprimis, its Licensees or its their respective Affiliates in combination with one or more products which is itself not a Product, then Net Sales shall be calculated by multiplying the sales price of such combination sale by the fraction A/(A+B) where A is the fair market value of the Product(s) and B is the fair market value of the other product(s) in the combination sale, each as reasonably determined by EtonImprimis.
Appears in 3 contracts
Samples: Confidential Treatment (Imprimis Pharmaceuticals, Inc.), Confidential Treatment (Imprimis Pharmaceuticals, Inc.), Asset Purchase Agreement (Imprimis Pharmaceuticals, Inc.)
Combination/Bundled Products. In the event that a Product is sold by Eton Melt, its Licensees or its or their respective Affiliates in combination with one or more products which is itself not a ProductProduct at a single price, then Net Sales shall be calculated by multiplying the sales price of such combination sale by the fraction A/(A+B) where A is the fair market value of the Product(s) and B is the fair market value of the other product(s) in the combination sale, each as reasonably determined by Etonmutual written agreement of the parties.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Melt Pharmaceuticals, Inc.), Asset Purchase Agreement (Harrow Health, Inc.)
Combination/Bundled Products. In the event that a Product is sold by Eton Harrow, its Licensees or its their respective Affiliates in combination with one or more products which is itself not a Product, then Net Sales shall be calculated by multiplying the sales price of such combination sale by the fraction A/(A+B) where A is the fair market value of the Product(s) and B is the fair market value of the other product(s) in the combination sale, each as reasonably determined by EtonHarrow.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Harrow Health, Inc.), Asset Purchase Agreement (Eton Pharmaceuticals, Inc.)
Combination/Bundled Products. In the event that a Product is sold by Eton Buyer, its Licensees or its their respective Affiliates in combination with one or more products which is itself not a ProductProduct (does not contain, as an active pharmaceutical ingredient, a Compound), then Net Sales of Product shall be calculated by multiplying the sales price of such combination sale by the fraction A/(A+B) where A is the fair market value Fair Market Value of the Product(s) and B is the fair market value Fair Market Value of the other product(s) in the combination sale, each as reasonably determined by Eton.
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Combination/Bundled Products. In the event that a Product is sold by Eton Buyer or its Affiliates or Licensees in combination with one or more products which is itself not a Product (including without limitation the sale of a Product at a discounted price in consideration for the customer’s simultaneous purchase of an additional product which is not itself a Product), then Net Sales shall be calculated by multiplying the sales price of such combination sale by the fraction A/(A+B) where A is the fair market value Fair Market Value of the Product(s) and B is the fair market value Fair Market Value of the other product(s) in the combination sale, each as reasonably determined by Eton.
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