Commercial Matters Sample Clauses
The 'Commercial Matters' clause defines the specific business-related terms and conditions that govern the commercial relationship between the parties. This clause typically addresses issues such as pricing, payment terms, delivery schedules, and responsibilities for costs or expenses. For example, it may specify how and when payments are to be made, or outline the process for handling changes in commercial terms. Its core function is to ensure both parties have a clear understanding of their commercial obligations, reducing the risk of disputes and promoting smooth business operations.
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Commercial Matters. (i) This Agreement was undertaken in the ordinary course of business, not in contemplation of insolvency of the Bank, and with no intent to hinder, delay, or defraud the Bank or its creditors; (ii) this Agreement represents a bona fide and arm's length transaction; (iii) Funding is not an insider or affiliate of the Bank; (iv) this Agreement was entered into in return for adequate consideration; and (v) this Agreement was entered into before the first transfer of Receivables will be effected pursuant to this Agreement.
Commercial Matters. (i) Following the Effective Date, Titan shall obtain its own NDC numbers for the Licensed Products. Titan shall use Commercially Reasonable Efforts to have in place as soon as reasonably practicable after the Effective Date all authorizations from Governmental Authorities necessary for Titan to use such NDC number for the Licensed Products. Thereafter, Titan shall use its new NDC numbers on all invoices, orders and other communications with customers and Governmental Authorities and shall have no further right to use Braeburn’s NDC or to sell Licensed Products bearing the Braeburn NDC.
(ii) Titan shall be permitted to sell the Transferred Inventory in the United States that Titan acquires from Braeburn that bears Braeburn’s NDC during the Transition Period. After such time, all Products sold in the Territory must be packaged and labeled with Titan’s NDC.
(iii) Prior to the Effective Date, Braeburn maintained a patient assistance program for the Products in the United States. As soon as commercially reasonable following the Effective Date but in any event prior to the expiration of the Transition Period, Titan shall be responsible for establishing and maintaining its own patient assistance program for the Products in the Territory. Upon the establishment of Titan’s patient assistance program, Braeburn will cease providing any Transition Services related to the patient assistance program for Products in the Territory.
(iv) On or after the Effective Date, each Party’s respective government price calculation, reporting and certification obligations arising from sales or utilization of the Products in the United States shall be handled by the Parties in accordance with the following terms:
(A) The Parties acknowledge and agree that it is their expectation that [******************] (“[*******************”]) shall continue during the Transition Period to provide services with respect to the Governmental Price Calculations and Reporting that are materially similar to the services that **************** provided to Braeburn immediately prior to the Effective Date. Titan shall promptly notify Braeburn in advance of any lapse in or material change to the relationship with ************* that would affect any Governmental Price Calculations and Reporting for the Licensed Product bearing Braeburn’s NDC.
(B) Beginning with the reporting period in which the Effective Date occurs, Titan shall be responsible for timely calculating, reporting, and certifying all pricing infor...
Commercial Matters. Deliver to ▇▇▇▇▇ or its designee a list of the names and contact information for any person or entity to which PFIZER has directly shipped Licensed Products within the twelve (12)-month period prior to the effective date of termination;
Commercial Matters. Subject to the provisions of Section 3.9, Sublicensee shall have sole responsibility for all activities and costs associated with marketing, advertising, promoting and selling the Products in the Sublicense Territory. Sublicensee shall use its commercially reasonable efforts to market and sell the Product in the Sublicense Territory, in order to maximize Net Sales. Without limiting Sublicensee’s commercially reasonable efforts obligation under this Section 7.4, Sublicensee shall (a) apply for all required authorizations, including pricing and reimbursement, from Regulatory Authorities in the Sublicense Territory as soon as reasonably and commercially practicable following completion of all appropriate clinical trials; and (b) make the first commercial sale of the Product in the Sublicense Territory as soon as reasonably and commercially practicable following the issuance of the marketing authorizations required for the manufacturing, distribution, marketing, sale and use of the Product in the Sublicense Territory and the completion of NHI (National Health Insurance) price listing.
Commercial Matters. (a) Rent
(i) Rent Payment Date:
(ii) Delivery Reference Rate: percent ( %)
(iii) Customisation Options Payment: $
(iv) Basic Rent at Delivery: $
(b) Aircraft Agreed Value
(c) Engine Agreed Value (each Engine) when not installed
Commercial Matters. Somaxon shall be solely responsible for conducting and paying for all commercialization matters relating to the Licensed Products, including any activities relating to sublicense of the Licensed Products, as well as the commercial development, marketing, promotion, manufacture, sale and distribution of the Licensed Products.
Commercial Matters. Red, Olive, Olive HoldCo and White will use all reasonable endeavours to help Orange obtain debt financing as needed. • All parties will use reasonable endeavours to agree before completion (a) the Orange bottling agreements and (b) the form of the initial business plan and the initial long range business plan.
Commercial Matters. RENFE and FirstMark shall notify each other as soon as possible of any imminent breach of the terms of the contract. Confidentiality of information is critical to both parties (RENFE and FirstMark). This is particularly applicable to information regarding customers. The contract must ensure that information relating to FirstMark customer connection and any other information which RENFE acquires as a result of this contractual relationship is not available to third parties outside RENFE, nor to other departments of RENFE which are unconnected with the subject matter of this contract nor, in particular, to any other customer of RENFE who will often be in direct competition with FirstMark. Furthermore, FirstMark undertakes to keep information relating to this contract in confidence. In particular, the financial aspects of the contract; network topology, capacity and locations; statistical data, standards and processes, and other information which FirstMark acquires as a result of this contractual relationship. It is good practice to review the performance of suppliers in relation to the terms and conditions of their contracts. In order to facilitate the review process, a standard format must be agreed for the contract performance review report and the review period must be agreed, which shall normally be annually. In the event of performance inferior to that indicated in the contract, FirstMark reserves the right to require more frequent reviews. All costs of RENFE arising as a result of compiling and providing review reports shall be for account of RENFE. RENFE undertakes to provide a review report on performance of the contract on a fixed date and in a particular format. The periods and format shall be agreed between the parties after signature of the contract. -------------------------------------------------------------------------------- ANNEX 4
Commercial Matters. An amount of R 5 000.00 (Five Thousand Rand) plus R 1 500.00 (One Thousand Five Hundred Rand) per hour for each additional consultation;
Commercial Matters. (i) This Agreement was undertaken in the ordinary course of business, not in contemplation of insolvency of the Bank, and with no intent to hinder, delay, or defraud the Bank or its creditors; (ii) this Agreement represents a bona fide and arm's length transaction; (iii) Funding is not an insider or affiliate of the Bank; (iv) this Agreement was entered into in return for adequate consideration; (v) this Agreement was entered into before the first transfer of Receivables will be effected pursuant to this Agreement; and (vi) the Bank's principal place of business and chief executive office is located in the State of California.
