Commercial Products. If any Collaboration Work Product has been successfully commercialized pursuant to Section 3.7., the parties shall share Gross Revenues attributable to that Collaboration Work Product as set forth in Section 4.2.
Commercial Products. Microsoft may make commercial products available to Customer to use with Customer’s Government Community Cloud Services. Such Products will be provisioned in the public commercial cloud and all security controls and data commitments related to these services are described in the Use Rights.
Commercial Products. Solutions Provider shall obtain Commercial products for resale to End Users only from those Master Distributors identified by VERITAS as “Distributors” authorized to distribute Commercial products. The list of authorized Commercial products Distributors is available on VERITAS’ website, as updated from time to time.
Commercial Products. For all other government customers, use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraph (b)(2) of Commercial Computer Software License 48 CFR 52.227-19, as applicable. Customer agrees that the Uniform Computer Information Transaction Act or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.
Commercial Products. Does not include Facelift or EZ2
Commercial Products. Subject to the provisions of Section 8.5.2.3, the transfer price of the Aject (alone or as part of the AngioSense Product) supplied to AngioSense hereunder is estimated as set forth in Exhibit E (the "Estimated Transfer Price") based on Bioject's representation of the current configuration of the Iject. The actual transfer price for the Aject (alone or as part of the AngioSense Product) shall be determined by the Joint Development Committee in the context of the Aject Development Budget and the AngioSense Product Development Budget, respectively, shall take into account estimated sales volumes, the cost of goods, and the anticipated average selling price of the Aject (alone or as part of the AngioSense Product) (the "Actual Transfer Price"); provided however, the parties contemplate that such Actual Transfer Price shall provide Bioject with a reasonable profit margin, and considered to be *** to Bioject from the transfer price in Exhibit E of this agreement. Notwithstanding the foregoing, once the Actual Transfer Price is established, such Actual Transfer Price shall be subject to an annual increase not to exceed the greater of *** percent (***%) or the increase in the *** for the immediately preceding year. Bioject will give AngioSense thirty (30) days' prior written notice of such increase. With respect to amounts due to Bioject for units of the Aject supplied to AngioSense under this Section 9.1.1, AngioSense shall pay Bioject within thirty (30) days of invoice or date of shipment of the Aject, whichever is later.
Commercial Products. (a) Notwithstanding any other provision of this Agreement to the contrary, sales of Commercial Products and the performance by Sigma of its rights under Section 2.1(c) shall be subject to the provisions of Sections 7.10 through this Section 7.22 (as such Sections are amended hereby) and shall not be subject to the provisions of Sections 7.1 through 7.9.
(b) For clarity, amounts shall be payable pursuant to Section 7.19(c) at the rate set forth in Section 7.19(c) only with respect to Net Commercial Sales from sales of Commercial Products after the Conversion Calendar Quarter in those countries where the creation, development, manufacture, use or sale of a Commercial Product is covered by a Valid Claim or where no Third Party is selling a product or service for use in the Commercial Field that competes with such Commercial Product (which competition, for
Commercial Products. 40 14.9.2 Compound Inventory..........................................40 14.10
Commercial Products. AMAG will use its commercially reasonable efforts to take delivery of all Products from the Facility no later than […***…] after the date of insurance of its Release Authorization. If AMAG anticipates that it will not be able to meet the delivery date, it will notify Pfizer promptly that Pfizer should store the Products at the Facility on an interim basis and indicate a date certain on which it will take delivery. Pfizer will have the right to charge AMAG a storage fee of […***…] during this interim period. […***…].
Commercial Products. Commercial Products" shall mean all commercial products and suites offered by Altiris for sale on its current price list (attached hereto as Exhibit H), and any future commercial products as mutually agreed between the parties COMPAQ/ALTIRIS CONFIDENTIAL
