Common use of Generic Product Competition Clause in Contracts

Generic Product Competition. If, at any time, in a particular country in the Territory, with respect to a Product being sold in such country, (i) a Generic Product of such Product is sold by any Third Party in such country and (ii)[***], then for the purposes of calculating the Earn-Own payment of such Product owed to Moderna under Paragraph 2.3(a) (Schedule A), [***] will be disregarded for such Calendar Quarter. The calculation of the reduction under this Paragraph 2.3(c)(iii) (Schedule A) will be conducted separately for each Product in each country. A&R OPTION AGREEMENT

Appears in 3 contracts

Samples: Option Agreement (Moderna, Inc.), Option Agreement (Moderna, Inc.), Option Agreement (Moderna, Inc.)

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Generic Product Competition. If, at any time, in a particular country in the Territory, with respect to a Product being sold in such country, (i) a Generic Product of such Product is sold by any Third Party in such country and (ii)[***], then for the purposes of calculating the Earn-Own payment of such Product owed to Moderna under Paragraph 2.3(a) (Schedule A), [***] will be disregarded for such Calendar Quarter. The calculation of the reduction under this Paragraph 2.3(c)(iii) (Schedule A) will be conducted separately for each Product in each country. A&R OPTION AGREEMENT.

Appears in 1 contract

Samples: Option Agreement

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