Common use of Ex factory Price Clause in Contracts

Ex factory Price. 6.1 Merck shall draw up a statistically valid pricing study of a type that is customary in this market at its own cost in due time based on the clinical Phase Ill study results and make same available to Nitec free of charge. 6.2 The EX FACTORY PRICES will be discussed by the Parties sufficiently in advance of the LAUNCH based on the above described pricing study and fürther relevant criteria, it being understood that the prices shall be set by Merck. The EX FACTORY PRICE will be discussed by the Parties upon either Party’s written request at any time in light of the then current market situation without limiting Merck’s right to set the price. 6.3 In case of reductions of the price imposed by the Health Insurance Institutions and to be paid by the ultimate customer or to be reimbursed by the Health Insurance in accordance with the Sozialgesetzbuch Tell V (SGB V) or the possibility of such price reductions Merck will use its reasonable best efforts to convince the Institut für QuaRät and Wirtschaftlichkeit im Gesundheitswesen (IQWIG) (§ 139a SGBV) (or any other similar institution) about the additional benefit of the PRODUCT compared to standard prednisone tablets to avoid any reference price (Festbetrag) or other price reduction.

Ex factory Price. 6.1 Merck shall draw up a statistically valid pricing study of a type that is customary in this market at its own cost in due time based on the clinical Phase Ill study results and make same available to Nitec free of charge. 6.2 The EX FACTORY PRICES will be discussed by the Parties sufficiently in advance of the LAUNCH based on the above described pricing study and fürther relevant criteria, it being understood that the prices shall be set by Merck. The EX FACTORY PRICE will be discussed by the Parties upon either Party’s written request at any time in light of the then current market situation without limiting Merck’s right to set the price. 6.3 In case of reductions of the price imposed by the Health Insurance Institutions and to be paid by the ultimate customer or to be reimbursed by the Health ***Confidential Treatment Requested 6/22 Insurance in accordance with the Sozialgesetzbuch Tell V (SGB V) or the possibility of such price reductions Merck will use its reasonable best efforts to convince the Institut für QuaRät and Wirtschaftlichkeit im Gesundheitswesen (IQWIG) (§ 139a SGBV) (or any other similar institution) about the additional benefit of the PRODUCT compared to standard prednisone tablets to avoid any reference price (Festbetrag) or other price reduction.