Initial Products ecoSPIRITS shall supply, and Brand Partner shall purchase the Initial System Package in accordance with the terms and conditions of this Hybrid Terms & Conditions. ecoSPIRITS shall be entitled to invoice Brand Partner for the Initial System Package once the Initial System Package is ready for dispatch and Delivery.
Initial Products. Focal shall provide to Ethicon reasonable quantities of an Initial Product that is not intended for Commercial Use at a cost equal to Focal's Direct Cost to supply such Initial Product; provided, however, that Ethicon shall not pay Focal less than [*] per unit or per unit or more than [*] per unit for such Initial Product.
Initial Products. In the event that Ethicon assumes the responsibility for the manufacture of an Initial Product pursuant to Section 7(1), then Ethicon shall pay to Focal on a country by country basis in the Territory the following royalties:
(A) a royalty of [*] of Net Sales of an Initial Product in a country, if the making, using or selling of such Initial Product by Ethicon, its Affiliates or sublicensees, in such country, (1) is covered by a Valid Claim of an issued patent included in Patents, (2) is covered by a Valid Claim of a patent application included in Patents; provided, however, that if a patent based on such application does not issue within [*] of the First Commercial Sale of such Initial Product in such country, then, commencing with the [*] Anniversary of such First Commercial Sale, Ethicon shall pay to Focal the royalties specified in Section 6(d)(i)(B) on the sale of such Initial Product until such time, if ever, that a patent based on such application issues, in which case the royalty payable by Ethicon on the sale of such Initial Product shall revert to the level specified in this Section 6(d)(i)(A), or (3) would be covered by a Valid Claim of an issued patent or patent application included in Patents but for a joint decision by the parties (other than where such decision was made on the basis that the seeking of such a patent would not be successful due to previously existing patents or prior art) to not obtain or maintain a patent with respect to such Initial Product in such country (collectively, the "Requirements for Full Royalty").
(B) a royalty of [*] of Net Sales of an Initial Product in a country, if the making, using or selling of such Initial Product in such country does not meet any of the Requirements for Full Royalty.
Initial Products. 1. The Purchase Price for Initial Products intended for Commercial Use purchased prior to that date which is the second anniversary of the First Commercial Sale of the first Initial Product in any country in the E.U. shall equal [*] of the Net Selling Price of such Initial Product; provided, however, that if Focal's Direct Cost of supplying such Initial Product to Ethicon is greater than [*] of the Net Selling Price of such Initial Product, then the Purchase Price shall equal [*]. Notwithstanding the foregoing, and any provision in this Agreement pursuant to which the Purchase Price is subject to a reduction, in no event shall the Purchase Price be less than [*] per unit of such Initial Product.
2. The Purchase Price for Initial Products intended for Commercial Use purchased on or after that date which is the [*] of the First Commercial Sale of the first Initial Product in any country in the E.U. shall be (a) the applicable percentage of the Net Selling Price of such Initial Product set forth in Exhibit G, part 1, if (1) but for the fact that Focal is supplying such Initial Product, Ethicon would be obligated to pay a royalty to Focal on the sale of such Initial Product in the Territory pursuant to Section 6(d) and (2) the making, using or selling of such Initial Product in a country in the Territory meets any of the Requirements for Full Royalty, or (b) the applicable percentage of the Net Selling Price of such Initial Product set forth in Exhibit G, part 2, if (1) but for the fact that Focal is supplying such Initial Product, Ethicon would be obligated to pay a royalty to Focal on the sale of such Initial Product in the Territory pursuant to * Confidential treatment has been requested for marked portion
Initial Products. Merck shall pay to Acumen the milestone payments identified in this Section 6.4.1 below, each within thirty (30) days after the first occurrence of the corresponding milestone, for the first Antibody Product and, if the Vaccine Option has been exercised, the first Vaccine Product to reach such milestone: [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***]
Initial Products. During the term of this Agreement, Distributor ---------------- shall cause the Initial Product Qualified Revenues for each Contract Year to equal or exceed the following amounts ("Minimum Initial Product ------------------------- Revenue"): ------- Contract Year Ending December 15, Minimum Initial Product Revenue --------------------------------- ------------------------------- 2002 $[ *** ] 2003 $[ *** ] 2004 $[ *** ] 2005 $[ *** ] 2006 $[ *** ] 2007 $[ *** ] 2008 $[ *** ] 2009 $[ *** ] 2010 $[ *** ] 2011 $[ *** ] 2012 $[ *** ] 2013 $[ *** ] Notwithstanding the foregoing, however, Distributor may permit the Initial Product Qualified Revenues to be less than the Minimum Initial Product Revenue in any Contract Year and in lieu thereof pay to Diamond an amount ("Additional Initial Product Payment") equal to (x) the difference between ---------------------------------- such Minimum Initial Product Revenue and the actual Initial Product Qualified Revenues for such Contract Year, multiplied by (y) the Contract Year Factor. If an Additional Initial Product Payment is due hereunder for any Contract Year, and not paid by Distributor within thirty (30) days after the end of such Contract Year, Distributor's exclusivity rights under Section 1.02 of this Agreement shall automatically terminate with respect to all Initial Products (but not other Products, subject to Section 1.04(ii)(A) of this Agreement). Distributor's distribution rights shall then continue with respect to all Initial Products on a non-exclusive basis consistent with Section 1.04(ii)(A) subject to all the remaining terms of this Agreement not inconsistent therewith, which shall remain in full force and effect.
Initial Products. 5.1 PRODUCT(S). The first five Products will be: St. John's Wort, Echinacea, Saw Palmetto, Ginseng and Ginkgo Biloba (Initial Products). Company and Xxxxxxx will mutually agree upon the next five Products within ninety (90) days of the execution of this Agreement. Once the Products are confirmed and amended to this Agreement, Company will complete the development and BCP program for market introduction within twelve (12) months from the date of the executed amendment.
Initial Products. AVAIL agrees to manufacture and sell to Northstar so many of the Products as Northstar shall order in accordance with this Agreement. AVAIL shall manufacture, package and ship Products according to the Specifications and Purchase Forecasts referred to in this Agreement.
Initial Products. Dermalastyl B Face Cream Jar 1oz.
Initial Products. Multicell currently has two human hepatocyte cell lines, the Fa2N-4 and Ea1C-35 cell lines. Multicell also has procedures (SOPs) which it uses internally to isolate and immortalize primary human hepatocyte cells, and to isolate and differentiate human liver stem cells. The Fa2N-4 immortalized human hepatocyte cell line is presently sold by Multicell and Corning/Xenotech for drug toxicity testing applications. The SOPs will be “productized” by Multicell and Maxim to produce the following LSR reagents and reagent tool kits:
