Common use of Marketing and Distribution Expenses Clause in Contracts

Marketing and Distribution Expenses. Genzyme's ordinary expenses incurred in the course of performing its marketing and distribution obligations hereunder shall constitute Commercialization Costs budgeted as part of the then-effective Commercialization Plan and, as such, shall be reimbursed by Dyax prior to the satisfaction by Dyax of the Initial Funding Commitment and by Kallikrein LLC after the satisfaction by Dyax of the Initial Funding Commitment, but only to the extent that such amounts, together with all other Commercialization Costs to date during such calendar year, do not exceed one hundred ten percent (110%) of the Commercialization Costs budgeted in the Commercialization Plan then in effect for such calendar year (except to the extent such excess is approved by the Steering Committee pursuant to Section 6.1.2 above). Ordinary marketing and distribution expenses include, but are not limited to, recruitment costs and salaries and associated expenses for sales and marketing personnel and support staff, advertising and promotion costs, transportation expenses including insurance (but only to the extent not charged to customers and only such proportion of all such costs directly attributable to support of the Commercialization Plan), duties and taxes, bad debt expense, and costs associated with cash and other trade discounts and allowances and other marketing concessions to customers actually allowed and taken.

Marketing and Distribution Expenses. Genzyme's ordinary expenses incurred in the course of performing its marketing and distribution obligations hereunder shall constitute Commercialization Costs budgeted as part of the then-effective Commercialization Plan and, as such, shall be reimbursed by Dyax prior to the satisfaction by Dyax of the Initial Funding Commitment and by Kallikrein LLC after the satisfaction by Dyax of the Initial Funding Commitment, but only to the extent that such amounts, together with all other Commercialization Costs to date during such calendar year, do not exceed one hundred ten percent (110%) ************* of the Commercialization Costs budgeted in the Commercialization Plan then in effect for such calendar year (except to the extent such excess is approved by the Steering Committee pursuant to Section 6.1.2 above). Ordinary marketing and distribution expenses include, but are not limited to, recruitment costs and salaries and associated expenses for sales and marketing personnel and support staff, advertising and promotion costs, transportation expenses including insurance (but only to the extent not charged to customers and only such proportion of all such costs directly attributable to support of the Commercialization Plan), duties and taxes, bad debt expense, and costs associated with cash and other trade discounts and allowances and other marketing concessions to customers actually allowed and taken.