Combination Products. Net Sales in a particular country in the Territory, in the case of Combination Products for which the pharmaceutically active agent or ingredient constituting a Licensed Product and each of the other pharmaceutically active agents or ingredients not constituting Licensed Products have established market prices in that country in the Territory when sold separately, shall be determined by multiplying the Net Sales for each such Combination Product by a fraction, the numerator of which shall be the established market price for the Licensed Product(s) contained in the Combination Product and the denominator of which shall be the sum of the established market prices for the Licensed Product(s) plus the established market prices for the other pharmaceutically active agents or ingredients contained in the Combination Product. When such separate market prices are not established in that country in the Territory, then the parties shall negotiate in good faith to determine a fair and equitable method of calculating Net Sales in that country for the Combination Product in question.
Appears in 4 contracts
Samples: Patent License Agreement (PDL Biopharma, Inc.), Patent License Agreement (PDL Biopharma, Inc.), Patent License Agreement (Medimmune Inc /De)
Combination Products. Net Sales in a particular country in the Territory, in the case of Combination Products for which the pharmaceutically active agent or ingredient constituting a Licensed Product and each of the other pharmaceutically active agents or ingredients not constituting Licensed Products have established market prices in that country in the Territory when sold separately, shall be determined by multiplying the Net Sales for each such Combination Product by a fraction, the numerator of which shall be the established market price for the Licensed Finished Product(s) contained in the Combination Product and the denominator of which shall be the sum of the established market prices for the Licensed Finished Product(s) plus the established market prices for the other pharmaceutically active agents or ingredients contained in the Combination Product. When such separate market prices are not established in that country in the Territory, then the parties shall negotiate in good faith to determine a fair and equitable method of calculating Net Sales in that country for the Combination Product in question.
Appears in 4 contracts
Samples: Confidential Settlement Agreement (PDL Biopharma, Inc.), PDL License Agreement (Protein Design Labs Inc/De), PDL License Agreement (Protein Design Labs Inc/De)
Combination Products. Net Sales in a particular country in the Territorycountry, in the case of a Combination Products Product for which the pharmaceutically active agent or ingredient constituting a an Other Licensed Product Product(s) and each of the other pharmaceutically active agents or ingredients not constituting Other Licensed Products Product(s) have established market prices in that such country in the Territory when sold separately, shall be determined by multiplying the Net Sales for each such Combination Product by a fraction, the numerator of which shall be the established market price for the Other Licensed Product(s) contained in the such Combination Product and the denominator of which shall be the sum of the established market prices for the Other Licensed Product(s) plus the established market prices for the other pharmaceutically active agents or ingredients contained in the such Combination Product. When such separate market prices are not established in that country in the Territorya country, then the parties Parties shall negotiate in good faith to determine a fair and equitable method of calculating Net Sales in that such country for the Combination Product in question.
Appears in 1 contract
Samples: Patent License Agreement (Alexion Pharmaceuticals Inc)