Direct Product Costs Sample Clauses

Direct Product Costs. The net cost to Cliffstar for all ingredients (including, without limitation, raw materials, sweeteners, flavorings and/or other juices) utilized in Cranberry Juice Products sold during the Earnout Year, and packaging; provided, however, that the cost to Cliffstar per Barrel or "Barrel Equivalent" of cranberries, cranberry juice and cranberry concentrates shall be deemed to be equal to the average Barrel Equivalent Purchase Price (not including incentive payments) for cranberries purchased by Cliffstar from Northland during such Earnout Year pursuant to the Cranberry Purchase and Supply Agreement described in Section 6.7 (which aggregate costs shall be deemed to encompass, without limitation, all costs of cleaning, binning, handling, processing, transportation to bottling facilities, freezing costs and storage, grower relations and other cranberry inventory expenses). For purposes of this Agreement, a Barrel shall be equal to 100 lbs. of raw cranberries and a Barrel Equivalent shall be deemed to equal 1.5 gallons of 50 Brix cranberry concentrate. Notwithstanding the foregoing, if the Cliffstar Grower Price referred to in Section 3(b)(i) of the Cranberry Purchase and Supply Agreement for the Crop Year commencing on the November 1 prior to an Earnout Year is greater than the Barrel Equivalent Purchase Price paid for Cranberries purchased from Northland during such Earnout Year, then the cost to Cliffstar per Barrel or Barrel Equivalent of cranberries, cranberry juice and cranberry concentrates shall be deemed to be equal to such Cliffstar Grower Price.
Sample 1
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Related to Direct Product Costs

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  • Development Costs With respect to activities prior to the Amendment Effective Date, each Party was to pay [*] of the total Direct Development Costs of a Product incurred in accordance with the Development Budget (as defined in the Original Agreement). Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, with respect to activities on and after the Amendment Effective Date, subject to Sections 3.1.2, Alimera will be solely responsible for, and shall pay one hundred percent (100%) of, all development costs of a Product, including Direct Development Costs. Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, (i) all payments owing by CDS hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by CDS (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), further including any penalties and interest which might have accrued with respect thereto, and further including all CDS payments deferred pursuant to that February 11, 2008 letter agreement sent by CDS and executed by CDS and Alimera regarding deferral of payments under the Original Agreement as of such date; (ii) all payments owing by Alimera hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by Alimera (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), and further including any penalties and interest which might have accrued with respect thereto; and (iii) subject to Sections 3.1.1 and 3.1.2, from and after the Amendment Effective Date, CDS will have no liability whatsoever hereunder for any past, present or future development costs, including Direct Development Costs (which includes those incurred before, on and after the Amendment Effective Date), and instead Alimera shall have sole liability therefor.

  • Development Expenses Bionics will reimburse the Company for all reasonable expenses directly associated with the development of the Lead for Bionics (including, without limitation, costs associated with animal studies and human trials), when the Company submits a request to Bionics for approval prior to incurring such expenses and such expenses are incurred with Bionics’ written approval, provided receipts for such expenses are submitted to Bionics within 30 days after such expenses are incurred. Upon receiving a request for expense authorization from the Company, Bionics will indicate to the Company whether the requested expense is authorized within 15 days for expenses up to $1,000 and within 30 days for expenses over $1,000. Bionics will reimburse the Company within 30 days of receiving reasonably detailed invoices describing the Company’s authorized expenses under this Agreement. The Company will provide those invoices to Bionics within 15 days after the end of each month in which the Company incurs any authorized expense.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Direct Costs Insert the major cost elements. For each element, consider the application of the paragraph entitled “Costs Requiring Prior Approval” on page 1 of these instructions.

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