Manufacturing Price. The prices to be paid by Buyer for the Products manufactured pursuant to this Agreement shall be according to the Manufacturing Pricing which is attached hereto as Exhibit C or the Manufacturing Pricing as has been mutually agreed upon by the parties through the issuance of Company price quotations and Buyer purchase orders. At the commencement of any new pricing period, all open purchase orders shall be updated to the new valid pricing.
Manufacturing Price. 2.1 PHARMACEUTICAL EXCIPIENT PRICE. The price at which Penford shall sell Pharmaceutical Excipients to Penwest (the "Purchase Price") shall be as set forth in EXHIBIT A.
Manufacturing Price. The prices to be paid by Buyer for the Products manufactured pursuant to this Agreement shall be the Manufacturing Price in effect at the time of acceptance of the relevant purchase order submitted by Buyer except that until September 1, 2003, all prices are to be as set forth in Exhibit B Target Prices. In addition, the Company guarantees a 5% price reduction from Target Prices as set forth in Exhibit B six months from the date of this Agreement and an additional 5% price reduction from Target Prices as set forth in Exhibit A three months from the date of the initial price reduction. Any identified material savings will be shared 50% by each the Company and the Buyer after the above reductions have occurred.
Manufacturing Price. “Manufacturing Price” shall mean the price set forth in the Price Exhibit provided that, notwithstanding anything to the contrary, the Manufacturing Price shall at all times be equal to or lower than any price for the Product offered by OSG Norwich to a third party.
Manufacturing Price. 11.1. In consideration of the Manufacturing activities undertaken by SANICO, SANICO will be paid a toll manufacturing fee per unit.
Manufacturing Price. THA's initial manufacturing price for the ------------------- antenna products will be cost to manufacture plus 30%. Future adjustments in THA's manufacturing price will be made at the discretion of THA's Board of Directors, officers and personnel.
Manufacturing Price. ViroPharma shall pay to OSG Norwich, and OSG Norwich shall accept from ViroPharma, the Manufacturing Price designated in Price Exhibit as OSG Norwich’s total compensation for Manufacture of Product, including all labor, materials, facilities, equipment, services, taxes, overhead, and profit. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
Manufacturing Price. ViroPharma shall pay to OSG Norwich, and OSG Norwich shall accept from ViroPharma, the Manufacturing Price designated in Price Exhibit as OSG Norwich’s total compensation for Manufacture of Product, including all labor, materials, facilities, equipment, services, taxes, overhead, and profit. The Manufacturing Price designated in Price Exhibit consists of two (2) components: “Materials Costs” and “Non-Materials Costs.” The “Materials Costs” set forth on the Price Exhibit shall equal OSG Norwich’s actual out-of-pocket costs to acquire the materials described on the OSG Materials Exhibit attached hereto (“Materials”), and the Materials Costs described on the Price Exhibit shall include a handling fee equal to [***] of such out-of pocket costs. The Materials Costs shall initially be as set forth in the Price Exhibit, and shall remain firm for Product shipped prior to and during the [***] period of time after Commercial Manufacturing Initiation (such [***] period, and each subsequent [***] period, a “Commercial Manufacturing [***]”). Following the first Commercial Manufacturing [***] hereunder, OSG Norwich may, in accordance with the procedure set forth below, notify ViroPharma [***] in each Commercial Manufacturing [***] of any changes in the Manufacturing Price due to changes in Materials Costs, such increase in Materials Costs not to exceed in any year OSG’s actual out-of-pocket costs to acquire the Materials plus a handling fee equal to [***] of such out-of pocket costs. The “Non-Materials Costs” shall be all other components of the Manufacturing Price other than the Materials Costs. The Non-Materials Costs shall initially be as set forth in the Price Exhibit, and shall remain firm for Product shipped prior to and during [***] Commercial Manufacturing [***] hereunder. Following the [***] Commercial Manufacturing [***] hereunder, OSG Norwich may, in accordance with the procedure set forth below, notify ViroPharma [***] in each Commercial Manufacturing [***] of any changes in the Manufacturing Price due to changes in Non-Materials Costs, such increase in Non-Materials Costs not to exceed in any year the CPI-Adjusted Amount. The “CPI Adjusted Amount” shall be determined by multiplying the then-current Non-Materials Costs by a fraction, (i) the numerator of which shall be equal to the difference between the Index for the calendar month immediately preceding the last month of the then-current Commercial Manufacturing [***], less the Index for that same calendar ...
Manufacturing Price. Section 1.15 of the Agreement is hereby deleted in its entirety and replaced with the following:
Manufacturing Price. Subject to the Toll Agreement, the Seller shall manufacture the Product after the Closing and shall be responsible for testing the stability of the Product manufactured by the Seller. The Seller's obligation to manufacture the Product shall terminate on the third anniversary of the Closing Date; provided that such obligation may be terminated upon six months' written notice from the Purchaser to the Seller. The Seller shall sell the Product to the Purchaser at the price of $2.70 per each vial, subject to adjustment as provided in section 3.1 of the Toll Agreement. Notwithstanding anything herein to the contrary, the Seller retains all rights to manufacture (including, but not limited to the use of the manufacturing process and testing methods set forth in the NDA), use and sell Product for sale outside the Territory by its affiliates, and to use "Cortrosyn" in connection with such sales, provided in each such case the Product is approved in each such country on the date hereof. For avoidance of doubt, the Seller shall not sell any Product to any party (other than the Purchaser, its affiliates and designees) in the Territory or to any party outside the Territory for sale, distribution, or delivery into the Territory nor manufacture the Product for any party other than the Purchaser, its affiliates or designees, for sale of the PRODUCT in the Territory.
