Distribution Fees for North America. As further consideration to the Company for the rights granted to ERS in North America under this Agreement, and subject to Section 6.4, ERS shall pay to the Company a Distribution Fee for North America equal to the sum of a percentage of annual Net Sales of the Products in North America as follows: (a) 39% of that portion of Net Sales in North America in the relevant calendar year that is less than or equal to [**]; (b) [**] of that portion of Net Sales in North America in the relevant calendar year that is greater than [**] and less than or equal to [**]; and (c) [**] of that portion of Net Sales in North America in the relevant calendar year that is greater than [**].
Appears in 4 contracts
Samples: Development, Promotion, Distribution and Supply Agreement, Development, Promotion, Distribution and Supply Agreement (Imclone Systems Inc/De), Development, Promotion, Distribution and Supply Agreement (Bristol Myers Squibb Co)
