Instrument Sales in the United States and Canada Sample Clauses

Instrument Sales in the United States and Canada. Within thirty (30) days after the end of each calendar month, Novartis shall pay to Gen-Probe an amount equal to fifty percent (50%) of the difference of (A) Net Sales of each Blood Screening Instrument sold by Novartis or its Affiliates to independent customers in the United States and Canada during such calendar month, and (B) the Transfer Price actually paid to Gen-Probe for each Blood Screening Instrument included with the calculation of Net Sales for such calendar month. (i) If Novartis or its Affiliates places an instrument with a customer in the United States or Canada and receives revenue for Blood Screening Instruments and Blood Screening Assays on a combined basis (such arrangement, a “Reagent Rental”), such revenue shall be allocated to the Blood Screening Assays and in determining Net Sales for the Blood Screening Assays Novartis shall not be entitled to deduct any amount allocated to an imputed charge for instruments. Nothing contained in this subsection shall limit Novartis’ right to deduct, in accordance with Section 3.1.9(c), instrument service revenue received pursuant to a Reagent Rental arrangement. (ii) This Section expressly excludes from Net Sales all revenues received in connection with the sale of TECANs, whether deemed part of a Blood Screening Instrument or not, so long as the transfer qualifies as a sale under generally accepted accounting principles (GAAP). For the avoidance of doubt, such exclusion from Net Sales shall be taken by Novartis only for TECANs purchased from Gen-Probe. Further, Novartis agrees to transfer such TECANs at no more than commercially reasonable values for the diagnostic and/or blood screening markets consistent with standard industry practice in those markets.
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Instrument Sales in the United States and Canada. (i) Chiron, its Affiliates and the Major Distributor (as applicable) shall be entitled to retain an aggregate amount of Net Sales (including lease revenues and instrument placement fees) from the sale or placement of Blood Screening Instruments by Chiron, its Affiliates or the Major Distributor in the United States or Canada, (the “Blood Screening Instrument Cap”). The Blood Screening Instrument Cap shall be a dollar amount equal to [***] the [***] actual Transfer Price of the Tigris Instruments sold to Chiron (such average actual Transfer Price to be calculated from time-to-time until such time as Chiron, its Affiliates and the Major Distributor (as applicable) have retained an aggregate amount of Net Sales of Blood Screening Instruments equal to the Blood Screening Instrument Cap). (By way of example, and not by way of limitation, if the Transfer Price for each Tigris Instrument is $[***] then the Blood Screening Instrument Cap is [***] and [***] dollars ($[***]); or if the Transfer Price for ten Tigris Instruments is $[***] and for [***] Tigris Instruments is $[***], then the Blood Screening Instrument Cap is [***] $[***] or $[***]). (ii) After Chiron, its Affiliates and the Major Distributor have received Net Sales from the sale or placement of Blood Screening Instruments equal to the Blood Screening Instrument Cap, within forty-five (45) days after the end of each fiscal quarter, Chiron shall pay to Gen-Probe an amount equal to [***] percent ([***]%) of (A) Net Sales of each Blood Screening Instrument sold by Chiron, its Affiliates or the Major Distributor to independent customers in the United States and Canada during such fiscal quarter, less (B) the Transfer Price actually paid to Gen-Probe for each Blood Screening Instrument included with the calculation of Net Sales for such fiscal quarter.
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Instrument Sales in the United States and Canada. Chiron, its Affiliates and the Major Distributor shall be entitled to retain [CONFIDENTIAL TREATMENT REQUESTED] of Blood Screening Instruments by Chiron, its Affiliates or the Major Distributor in the United States or Canada. After Chiron, its Affiliates and the Major Distributor have received [CONFIDENTIAL TREATMENT REQUESTED], within forty-five (45) days after the end of each fiscal quarter, Chiron shall pay to Gen-Probe a percentage of Net Sales of each Blood Screening Instrument sold by Chiron, its Affiliates or the Major Distributor to independent customers in the United States and Canada during such fiscal quarter, calculated using the same percentage rate as is used in the then effective Applicable Purchase Price payable to Gen-Probe for Initial Blood Screening Assays pursuant to Section 1.2.1.
Sample 1
Instrument Sales in the United States and Canada. (i) Chiron, its Affiliates and the Major Distributor (as applicable) shall be entitled to retain an aggregate amount of Net Sales (including lease revenues and instrument placement fees) from the sale or placement of Blood Screening Instruments by Chiron, its Affiliates or the Major Distributor in the United States or Canada, (the “Blood Screening Instrument Cap”). The Blood Screening Instrument Cap shall be a dollar amount equal to [...***...] the [...***...] actual Transfer Price of the Tigris Instruments sold to Chiron
Sample 1

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