Existing Commercial Product Sample Clauses

Existing Commercial Product. Table 4 in Exhibit 6.2(a) sets forth the Actual Cost of Goods Sold for each Product currently being commercialized by Amyris. For each new Customer Agreement for such Products sourced by Ginkgo, Net Profits and Incentive Payments under such new Customer Agreement for such Product shall be allocated between the Parties as though such Customer Agreement is for a new Product subject to Section 6.2(a)(i). For each Customer Agreement for a Product listed in Table 4 in Exhibit 6.2(a) originated by Amyris (whether before or after the Effective Date), Net Profits and Incentive Payments under such Customer Agreement for such Product shall be allocated [*] to Amyris. Notwithstanding the foregoing, should the Actual Cost of Goods Sold for a Product listed in Table 4 in Exhibit 6.2(a) be reduced from the amount set forth in such Table, Ginkgo shall be entitled to receive a percentage of the savings as a result of such reduction in Actual Cost of Goods Sold, with the specific percentage of the savings for such Product as set forth across from the name of such Product in Table 4 in Exhibit 6.2(a) (the “Ginkgo Cost Savings”). In the event that Ginkgo requests to help Amyris improve its farnesene strain by providing a technical proposal to the Executive Committee, the Executive Committee will approve any such reasonable technical proposal, and provided that Ginkgo performs work under such proposal, but regardless of whether such work achieves any particular success or outcome (including production of any strain meeting any particular requirements) or whether results of such work are incorporated into any production of any farnesene strains Product, Ginkgo shall be entitled to receive [*]of the savings for any reduction in Actual Cost of Goods Sold for any farnesene sold thereafter as Ginkgo Cost Savings hereunder.
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Related to Existing Commercial Product

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Development and Commercialization Subject to Sections 4.6 and 4.7, Fibrocell shall be solely responsible for the development and Commercialization of Fibrocell Products and Improved Products. Fibrocell shall be responsible for all costs incurred in connection with the Fibroblast Program except that Intrexon shall be responsible for the following: (a) costs of establishing manufacturing capabilities and facilities in connection with Intrexon’s manufacturing obligation under Section 4.6 (provided, however, that Intrexon may include an allocable portion of such costs, through depreciation and amortization, when calculating the Fully Loaded Cost of manufacturing a Fibrocell Product, to the extent such allocation, depreciation, and amortization is permitted by US GAAP, it being recognized that the majority of non-facilities scale-up costs cannot be capitalized and amortized under US GAAP); (b) costs of basic research with respect to the Intrexon Channel Technology and Intrexon Materials (i.e., platform improvements) but, for clarity, excluding research described in Section 4.7 or research requested by the JSC for the development of a Fibrocell Product or an Improved Product (which research costs shall be reimbursed by Fibrocell); (c) [*****]; and (d) costs of filing, prosecution and maintenance of Intrexon Patents. The costs encompassed within subsection (a) above shall include the scale-up of Intrexon Materials and related active pharmaceutical ingredients for clinical trials and Commercialization of Fibrocell Products undertaken pursuant to Section 4.6, which shall be at Intrexon’s cost whether it elects to conduct such efforts internally or through Third Party contractors retained by either Intrexon or Fibrocell (with Intrexon’s consent).

  • Special Products PURCHASER shall not sell special products from the timber sale area, or allow firewood, shake, or post cutting, or any other special product manufacturing on the timber sale area without prior written approval of STATE. Special products are any products not in log form manufactured from material having a price, or listed as “No Charge,” under the contract. ACCESS AND ROAD MAINTENANCE

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • Commercial Activities Neither Contractor nor its employees shall establish any commercial activity or issue concessions or permits of any kind to Third Parties for establishing commercial activities on the Site or any other lands owned or controlled by Owner.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

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