Generic Product. The term “
Generic Product. A Generic Product is comparable to a Manufacturer or Brand Name Product’s intended use, size, quality, and performance characteristics that does not provide a market branding. Generic Products may also be referred to as private label Products.
Generic Product. During the applicable Royalty Period for a particular Product and in a particular country, if a Generic Product is launched, and Net Sales for a Product in any Calendar Quarter following such launch decrease by at least [ * ] but less than [ * ] as compared to the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the first launch of a Generic Product, then the royalties due shall be reduced by [ * ] from what would otherwise have been due under this Section 3.3 for as long as a Generic Product is sold in such country or Net Sales in any Calendar Quarter following launch of such Generic Product remain between [ * ] to [ * ] less than the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the first launch of a Generic Product. During the applicable Royalty Term, for a particular Product and in a particular country, if a Generic Product is launched, and Net Sales in any Calendar Quarter following such launch decrease by more than [ * ] as compared to the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the launch of the Generic Product, then the royalties shall be reduced by [ * ] from what would otherwise have been due under this Section 3.3 for as long as a Generic Product is sold in such country or Net Sales in any Calendar Quarter following launch of such Generic Product remain at or below [ * ] of the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the first launch of a Generic Product.
Generic Product. If during the Royalty Term, a Third Party receives marketing authorization for and commences commercial sale of a Generic Product in a country in the Territory, and quantities sold of such Generic Product represent a market share of [***] of the total market for such Generic Product and the corresponding Product sold during such Calendar Quarter in that country [***], then Bayer shall have the right to reduce any royalties payable in such country for such Product pursuant to Section 6.1 [***].
Generic Product. In the event that one or more Generic Product(s) with respect to a particular Licensed Product enter(s) the market in a particular country, and such Generic Product(s) in the aggregate have a market share of [*] or more in that country, Gemma may reduce the Royalty payments for Sales of such Licensed Product in such country by [*]; provided that if Gemma reduces the Royalty payments under this Section 5.4.2(d), Xxxxx shall resume making Royalty payments without reduction under this Section 5.4.2(d) as of the earlier of (a) no Generic Product being sold for at least [*] in such country, and (b) a court of competent jurisdiction determines that a Valid Claim of a Licensed UPenn Patent is valid and infringed by such Generic Product in such country.
Generic Product. On a country-by-country and Licensed Product-by-Licensed Product basis, if at any time during the applicable Royalty Term, one or more Generic Products are commercially launched by a Third Party (other than a Third Party sublicensee) in a country, then the applicable royalty rate for such Licensed Product in such country shall be reduced to […***…] percent ([…***…]%) of Net Sales of such Licensed Product beginning from the launch of such Generic Product and continuing so long as such Generic Product is being sold in such country. Notwithstanding anything to the contrary set forth in this Agreement, to the extent that Kite has entered into a Sublicense Agreement pursuant to which Kite is not entitled to receive royalties in a country in which a Generic Product has been commercially launched, Kite shall have no obligation to pay, and Cabaret shall have no right to receive, royalties with respect to sales of Licensed Product in such country.
Generic Product. The term “Generic Product” shall mean generic versions of any pharmaceutical products (other than Products developed and commercialized by Licensee, its Affiliates and Sublicensees pursuant to this Agreement) that contain the same active chemical entity(ies) as a Licensed Product and [***].
Generic Product. 9.6.1 [**]. [**].
Generic Product. If there is a Generic Drug version of the Product launched in the Territory, the Parties shall meet within [***] days after the launch of such Generic Drug version of the Product to discuss in good faith possible amendments to this Agreement to appropriately account for such event. If the Parties are unable to agree on such amendments after negotiating in good faith for a period [***], then either Party shall have the right to terminate this Agreement by providing [***] prior written notice to the other Party. If the Agreement is terminated by either Party pursuant to this Section 19.1, Abraxis shall refund to AstraZeneca an amount equal to the Smaller Clawback Amount within sixty (60) days of the effectiveness of such termination in accordance with Section 21.3. In such event AstraZeneca shall not be entitled to receive Residual Compensation pursuant to Section 9.5.
Generic Product. If, on a country-by-country and Product-by-Product basis, a Generic Product is on the market in the Licensed Territory, then the Royalties due for such calendar quarter pursuant to Section 5.4 shall be reduced by (a) [***] if total dosage units of the Generic Product sold do not exceed [***] of the combined total aggregate dosage units sold of the Generic Products and the Product, (b) [***] if total dosage units of the Generic Product sold exceed [***] but are [***] or less of the combined total aggregate dosage units sold of the Generic Product and the Product, and (c) [***] if total dosage units of the Generic Product sold exceed [***] of the combined total aggregate dosage units sold of the Generic Product and the Product.
