Common use of Commercial Hardship Clause in Contracts

Commercial Hardship. If in any country UP can demonstrate that for any reason beyond it, its Affiliates’ or its sublicensees’ control the royalty payable hereunder by UP causes or may cause UP, its Affiliate or its sublicensee a significant reduction in its or their sales of Product in that country, or otherwise causes or may cause hardship in the promotion or sale of Product in a country, the parties shall meet and in good faith endeavor to agree on a reduction in the royalty rate payable in that country that will place UP, its Affiliates or its sublicensees in a position to competitively market such Product in such country.

Commercial Hardship. If in any country UP Sub can demonstrate that for any reason beyond it, it or its Affiliates’ or its sublicensees’ ' control the royalty payable hereunder by UP Sub causes or may cause UP, its Affiliate UP Sub or its sublicensee Affiliates a significant reduction in its or their sales of Product in that country, or otherwise causes or may cause hardship in the promotion or sale of Product in a country, the parties shall meet and in good faith endeavor to agree on a reduction in the royalty rate payable in that country that country. The negotiated royalty rate will be one which will place UP, UP Sub or its Affiliates or its sublicensees in a position to market competitively market such the Product in such country.

Commercial Hardship. If in any country UP can demonstrate that for any reason beyond it, its Affiliates’ ' or its sublicensees’ ' control the royalty payable hereunder by UP causes or may cause UP, its Affiliate or its sublicensee a significant reduction in its or their sales of Product in that country, or otherwise causes or may cause hardship in the promotion or sale of Product in a country, the parties shall meet and in good faith endeavor to agree on a reduction in the royalty rate payable in that country that will place UP, its Affiliates or its sublicensees in a position to competitively market such Product in such country.