Non-Monetary Consideration. In the event that BMS or its Affiliate or sublicensee receives any non-monetary consideration in connection with the sale of a Product, BMS’ payment obligations under this Article 8 shall be based on the fair market value of such other consideration. In such case, BMS shall disclose the terms of such arrangement to EPC and EXEL and the Parties shall endeavor in good faith to agree on such fair market value.
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Samples: Collaboration Agreement (Exelixis, Inc.), Collaboration Agreement (Exelixis Inc)
Non-Monetary Consideration. In the event that BMS or its Affiliate Affiliates or sublicensee sublicensees receives any non-monetary consideration in connection with the sale of a Product, BMS’ payment obligations under this Article 8 7 shall be based on the fair market value of such other consideration. In such case, BMS shall disclose the terms of such arrangement to EPC and EXEL and the Parties shall endeavor in good faith to agree on such fair market value.
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Samples: License Agreement (Exelixis Inc)
Non-Monetary Consideration. In the event that BMS or its Affiliate or sublicensee receives any non-monetary consideration in connection with the sale of a Product, BMS’ payment obligations under this Article 8 shall be based on the fair market value of such other consideration. In such case, BMS shall disclose the terms of such arrangement to EPC and EXEL Exelixis and the Parties shall endeavor in good faith to agree on such fair market value.
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