Common use of Named Patient Basis Sales Clause in Contracts

Named Patient Basis Sales. (a) Orphan Medical has contracted with * to distribute the Product on a Named Patient Basis until the Product receives Marketing Authorization within the Territory. On or prior to the Effective Date, Orphan Medical shall provide to Celltech marketing and sales information to which Orphan Medical has rights under the * agreement that has been collected by * . (b) Promptly after the Effective Date, the Steering Committee shall consider whether Orphan Medical should terminate Orphan Medical’s contract with * with respect to the Territory and cause * to discontinue sales of the Product within the Territory, in which event Celltech would then be granted the right, subject to any necessary regulatory approvals, to distribute the Product on a Named Patient Basis in the Territory. (c) Upon determination by the Steering Committee to proceed according to the arrangement described in Section 6.8(b) above, the parties shall in good faith negotiate and establish the terms and conditions which shall apply to such arrangement, including, the price at which the Product will be sold. If * continues to distribute the Product on a Named Patient Basis, then the parties shall in good faith negotiate and establish a royalty amount to be paid to Celltech on the revenues received by Orphan Medical from * on Named Patient Basis Product sales.

Named Patient Basis Sales. (a) Orphan Medical has contracted with ** to distribute the Product on a Named Patient Basis until the Product receives Marketing Authorization within the Territory. On or prior to the Effective Date, Orphan Medical shall provide to Celltech marketing and sales information to which Orphan Medical has rights under the ** agreement that has been collected by ** . (b) Promptly after the Effective Date, the Steering Committee shall consider whether Orphan Medical should terminate Orphan Medical’s 's contract with ** with respect to the Territory and cause ** to discontinue sales of the Product within the Territory, in which event Celltech would then be granted the right, subject to any necessary regulatory approvals, to distribute the Product on a Named Patient Basis in the Territory. (c) Upon determination by the Steering Committee to proceed according to the arrangement described in Section 6.8(b) above, the parties shall in good faith negotiate and establish the terms and conditions which shall apply to such arrangement, including, the price at which the Product will be sold. If ** continues to distribute the Product on a Named Patient Basis, then the parties shall in good faith negotiate and establish a royalty amount to be paid to Celltech on the revenues received by Orphan Medical from ** on Named Patient Basis Product sales.