Common use of First Commercial Sale Clause in Contracts

First Commercial Sale. The term “First Commercial Sale” shall mean, with respect to a Licensed Product in a country in the Territory, the first sale for use or consumption by the general public of such Licensed Product in such country following Regulatory Approval of such Licensed Product in such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.

First Commercial Sale. The term “First Commercial Sale” shall mean, with respect to a Licensed Product in a country in the Territory, means the first sale to a Customer of the Product anywhere in the Territory under the approval of appropriate governmental agencies (if any) for use or consumption by the general public distribution and sale of such Licensed Product in such country following Regulatory Approval of such Licensed Product in such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial SaleProduct.

First Commercial Sale. The term “First Commercial Sale” shall meanmeans, with respect to a Licensed any Product in a and with respect to any country in of the Territory, the first sale for use or consumption by the general public of such Licensed Product to a Third Party in such country following after such Product has been granted Regulatory Marketing Approval of such Licensed Product in by a Regulatory Authority having jurisdiction for such country. Sales or transfers [*] CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION Table of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.Contents

First Commercial Sale. The term “First Commercial Sale” shall meanmeans, with respect to a Licensed Product in a each country in of the Territory, the first sale of a product or service using the Licensed Technology by LICENSEE, its affiliates or Sublicensees, to third-parties, in each case for use or consumption of such product or service in such country by the general public of such Licensed Product in such country following Regulatory Approval of such Licensed Product in such countrypublic. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.___________ ___________ LICENSOR LICENSEE

First Commercial Sale. The term “First Commercial Sale” shall mean, with respect to a any Licensed Product in a and with respect to any country in of the Territory, the first sale for use or consumption by the general public of such Licensed Product to a Third Party in such country following Regulatory Approval of after such Licensed Product in has been granted Regulatory Marketing Authorization by a competent Regulatory Authority for such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.

First Commercial Sale. The term “First Commercial Sale” shall mean, with respect to a Licensed Product in a country in the Territoryany Product, the first sale for end use or consumption of such Product in a country after all required approvals, including marketing and pricing approvals, have been granted by the general public governing Regulatory Authority of such Licensed Product in such country following Regulatory Approval of such Licensed Product in such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.

First Commercial Sale. The term “First Commercial Sale” shall meanmean the date on which, with respect to following Regulatory Approval in any country, a Licensed Product in is first sold by Licensee, an Affiliate, or a country in the Territory, the first sale for use or consumption by the general public of such Licensed Product Sublicensee to a third party in such country following Regulatory Approval (other than sales for purposes of such Licensed Product in such country. Sales resale, performing research or transfers of Licensed Products which are not for valuedevelopment, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale).

First Commercial Sale. The term “First Commercial Sale” shall mean, with respect to a Licensed mean the first commercial sale of Commercial Product by Onyx or its Affiliates or licensees in a any country or territory in the Territory, Territory following the first sale Product Approval for use or consumption by the general public of such Licensed Product in such country following Regulatory Approval of such Licensed Product or territory in such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Salethe Territory.

First Commercial Sale. The term “First Commercial Sale” shall mean, with respect to a any Licensed Product in a and any country in of the Territoryworld, the first sale for use or consumption by the general public of such Licensed Product under this Agreement to a Third Party in such country following Regulatory Approval of country, after such Licensed Product has been granted Regulatory Approval by the competent Regulatory Authorities in such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.

First Commercial Sale. The term “First Commercial Sale” Sale shall mean, with respect to a Licensed Product in a country in the Territorycountry, the first commercial sale for use or consumption by the general public of such Licensed Product in such country following Regulatory Approval of such Licensed Product in such the country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.

First Commercial Sale. The term “First Commercial Sale” shall mean, mean with respect to a any Licensed Product in a and with respect to any country in the Territory, the first sale for use or consumption by the general public Commercial Sale of such Product to a Third Party in such country after such Licensed Product in such country following has been granted Regulatory Approval of such Licensed Product in by a Regulatory Authority having jurisdiction for such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.

First Commercial Sale. The term “First Commercial Sale” Sale shall mean, with respect to a Licensed Product in a country in the Territorycountry, the first commercial sale for use or consumption by the general public of such Licensed Product in such country following Regulatory Approval of such Licensed Product in such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial Sale.

First Commercial Sale. The term “First Commercial Sale” shall mean, with respect to a Licensed Product means the first sale or other disposal of such Product in a country in the Territory, the first sale for use or consumption by the general public Territory after receipt of such Licensed Product in such country following Regulatory Approval of such Licensed Product in such country. Sales or transfers of Licensed Products which are not for value, and sales or transfers of reasonable quantities of Licensed Products for Clinical Trial purposes or for compassionate or similar use, shall not be considered a First Commercial SaleMarketing Authorization.