Common use of Expenditures and Payment Clause in Contracts

Expenditures and Payment. The estimated cost for the purchase and installation of the Automated Filling Equipment and Facility Modifications and the support and SAT for the installation of the Automated Filling Equipment for the project are set forth in Schedule A. Notwithstanding any other provisions of this Agreement, the individual amount of each item on Schedule A may be increased or decreased to reflect Patheon’s actual cost but the aggregate amount contributed by Indivior for the Facility Modifications and support of the installation and SAT of the Automated Filling Equipment will not exceed $[***] unless there are modifications or changes in the Services or related assumptions or subsequent changes requested by Client. If this occurs, the parties will agree on revised cost estimates and a revised maximum aggregate amount to be contributed by Indivior. No change in the aggregate cost of the Facility Modifications will be made without Indivior’s prior written consent. Patheon will give Indivior a final Schedule A with the actual costs for each item. Subject to these limitations, Indivior hereby agrees to to be invoiced by Patheon for $[***] towards the Facility Modifications shown on Schedule A immediately upon execution of this Agreement (the “Initial Payment”) and Indivior directs Patheon to incur, on its behalf, pre-approved, direct, out-of-pocket costs for the Facility Modifications listed on Schedule A. Patheon will give Indivior copies of third party invoices for these items (where applicable) within 30 days after Patheon’s receipt thereof and will issue its invoice to Indivior. Indivior will pay all invoiced amounts owing to Patheon within 45 days of the date of Patheon’s invoice after the Initial Payment has been spent to enable Patheon to pay all amounts owed under the third party invoices. Indivior’s payment of these costs in advance of the performance of the Services is made in contemplation of those Services to be performed by Patheon.

Appears in 2 contracts

Samples: Expenditure and Equipment Agreement (Indivior PLC), Expenditure and Equipment Agreement (Indivior PLC)

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Expenditures and Payment. (a) The estimated cost for the purchase and installation and, as applicable, transfer of the Automated Filling Equipment and Facility Modifications and the support and SAT for the installation of the Automated Filling Dedicated Equipment for use to perform the project are Services is set forth in Schedule A. AcelRx will agree on the specific Dedicated Equipment to be purchased by Patheon and will agree on the actual purchase price for such equipment prior to Patheon purchasing such equipment. Notwithstanding any other provisions of this Agreement, and provided that AcelRx agrees on the purchase price for the applicable Dedicated Equipment, the individual amount of each item on Schedule A may be increased or decreased to reflect Patheon’s actual cost cost, but the aggregate amount contributed by Indivior AcelRx for the Facility Modifications and support of the installation and SAT of the Automated Filling Dedicated Equipment will not exceed $[***] (the “Dedicated Equipment Cap”) unless there are further modifications or changes in the processes or requirements for the Services or related if the assumptions or subsequent changes requested by Clientunderlying the estimated costs change. If this occurs, the parties will agree on revised cost estimates and a revised maximum aggregate amount to be contributed by IndiviorAcelRx. No change in the aggregate cost At AcelRx’s option, AcelRx may purchase some or all of the Dedicated Equipment directly and arrange to have it delivered to the Facility Modifications rather than have Patheon purchase the Dedicated Equipment on AcelRx’s behalf, in which case the applicable amounts specified in Schedule A for the purchase of such Dedicated Equipment will be made without Indivior’s prior written consentdeducted from the Dedicated Equipment Cap and will not be payable to Patheon. Upon completion of the project, Patheon will give Indivior AcelRx a final Schedule A with the actual costs for each item. Subject to these limitations, Indivior hereby agrees to to be invoiced by Patheon for $[***] towards the Facility Modifications shown on Schedule A immediately upon execution of this Agreement (the “Initial Payment”) and Indivior directs Patheon to incur, on its behalf, pre-approved, direct, out-of-pocket costs for the Facility Modifications listed on Schedule A. Patheon will give Indivior copies of third party invoices for these items (where applicable) within 30 days after Patheon’s receipt thereof and will issue its invoice to Indivior. Indivior will pay all invoiced amounts owing to Patheon within 45 days of the date of Patheon’s invoice after the Initial Payment has been spent to enable Patheon to pay all amounts owed under the third party invoices. Indivior’s payment of these costs in advance of the performance of the Services is made in contemplation of those Services to be performed by Patheon.

Appears in 1 contract

Samples: Expenditure and Equipment Agreement (Acelrx Pharmaceuticals Inc)

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Expenditures and Payment. (a) The estimated cost for the purchase and installation and, as applicable, transfer of the Automated Filling Equipment and Facility Modifications and the support and SAT for the installation of the Automated Filling Dedicated Equipment for use to perform the project are Services is set forth in Schedule A. AcelRx will agree on the specific Dedicated Equipment to be purchased by Patheon and will agree on the actual purchase price for such equipment prior to Patheon purchasing such equipment. Notwithstanding any other provisions of this Agreement, and provided that AcelRx agrees on the purchase price for the applicable Dedicated Equipment, the individual amount of each item on Schedule A may be increased or decreased to reflect Patheon’s actual cost cost, but the aggregate amount contributed by Indivior AcelRx for the Facility Modifications and support of the installation and SAT of the Automated Filling Dedicated Equipment will not exceed $[***] (the “Dedicated Equipment Cap”) unless there are further modifications or changes in the processes or requirements for the Services or related if the assumptions or subsequent changes requested by Clientunderlying the estimated costs change. If this occurs, the parties will agree on revised cost estimates and a revised maximum aggregate amount to be contributed by IndiviorAcelRx. No change in the aggregate cost At AcelRx’s option, AcelRx may purchase some or all of the Dedicated Equipment directly and arrange to have it delivered to the Facility Modifications rather than have Patheon purchase the Dedicated Equipment on AcelRx’s behalf, in which case the applicable amounts specified in Schedule A for the purchase of such Dedicated Equipment will be made without Indivior’s prior written consentdeducted from the Dedicated Equipment Cap and will not be payable to Patheon. Upon completion of the project, Patheon will give Indivior AcelRx a final Schedule A with the actual costs for each item. Subject to these limitations, Indivior hereby agrees to to be invoiced by Patheon for $[***] towards = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Facility Modifications shown on Schedule A immediately upon execution of this Agreement (the “Initial Payment”) Securities and Indivior directs Patheon Exchange Commission pursuant to incur, on its behalf, pre-approved, direct, out-of-pocket costs for the Facility Modifications listed on Schedule A. Patheon will give Indivior copies of third party invoices for these items (where applicable) within 30 days after Patheon’s receipt thereof and will issue its invoice to Indivior. Indivior will pay all invoiced amounts owing to Patheon within 45 days Rule 24b-2 of the date Securities Exchange Act of Patheon’s invoice after the Initial Payment has been spent to enable Patheon to pay all amounts owed under the third party invoices. Indivior’s payment of these costs in advance of the performance of the Services is made in contemplation of those Services to be performed by Patheon1934, as amended.

Appears in 1 contract

Samples: Expenditure and Equipment Agreement (Acelrx Pharmaceuticals Inc)

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