Common use of Orders for Products; Terms of Sale Clause in Contracts

Orders for Products; Terms of Sale. Abraxis shall have the sole responsibility and right to fill orders with respect to the Product. AstraZeneca shall not take orders for the Product, but if for any reason AstraZeneca should receive sales orders for the Product, AstraZeneca shall promptly direct such orders to Abraxis. All orders for Products shall be subject to Abraxis’ acceptance, in its sole discretion. Abraxis may cancel any order for Product, or any part thereof, at any time after acceptance without thereby incurring any liability to AstraZeneca. Abraxis shall be solely responsible for responding to requests from physicians for individual patients who need the Product but are unable to afford it. Any such request received by AstraZeneca should originate from the patient’s physician and be forwarded to Abraxis for processing in accordance with Abraxis’ procedures. Abraxis, taking into consideration any recommendation from the JOC, shall be solely responsible for establishing and modifying the terms and conditions of the sale of the Product, including the price at which the Product will be sold, whether the Product will be subject to any trade or quantity discounts, whether any discount will be provided for payments on accounts receivable, whether the Product will be subject to rebates, returns and allowances or retroactive price reductions, the channels of distribution of the Product, and whether credit is to be granted or refused in connection with the sale of any Product.

Appears in 2 contracts

Samples: Co Promotion and Strategic Marketing Services Agreement, Co Promotion and Strategic Marketing Services Agreement (Abraxis BioScience, Inc.)

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Orders for Products; Terms of Sale. Abraxis AstraZeneca shall have the sole responsibility and right to fill orders with respect to the ProductLicensed Products. AstraZeneca MAP shall not take orders for the ProductLicensed Products, but if for any reason AstraZeneca MAP should receive sales orders for the Productany such product, AstraZeneca MAP shall promptly direct forward such orders to AbraxisAstraZeneca. All orders for Licensed Products shall be subject to Abraxis’ AstraZeneca’s acceptance, in its sole discretion. Abraxis AstraZeneca may cancel any order for ProductLicensed Products, or any part thereof, at any time after acceptance without thereby incurring any liability to AstraZenecaMAP. Abraxis AstraZeneca shall be solely responsible for responding to requests from physicians for individual patients who need the Product Licensed Products but are unable to afford it. Any such request received by AstraZeneca MAP should originate from the patient’s physician and be forwarded to Abraxis AstraZeneca for processing in accordance with Abraxis’ AstraZeneca’s procedures. Abraxis, taking into consideration any recommendation from AstraZeneca shall have the JOC, shall be solely responsible sole right and responsibility for establishing and modifying the terms and conditions of the sale of the ProductLicensed Products, including the price at which the each Licensed Product will be sold, whether the each Licensed Product will be subject to any trade or quantity discounts, whether any discount will be provided for payments on accounts receivable, whether the each Licensed Product will be subject to rebates, returns and allowances or retroactive price reductions, the channels of distribution of the each Licensed Product, and whether credit is to be granted or refused in connection with the sale of any each Licensed Product.

Appears in 1 contract

Samples: License Agreement (MAP Pharmaceuticals, Inc.)

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Orders for Products; Terms of Sale. Abraxis AZ shall have the sole responsibility and right to fill orders with respect to the ProductProducts. AstraZeneca The Company shall not take orders for the ProductProducts, but if for any reason AstraZeneca the Company should receive sales orders for the ProductProducts, AstraZeneca the Company shall promptly direct forward such orders to AbraxisAZ. All orders for Products shall be subject to Abraxis’ AZ's acceptance, in its sole discretion. Abraxis AZ may cancel any order for ProductProducts, or any part thereof, at any time after acceptance without thereby incurring any liability to AstraZenecathe Company. Abraxis AZ shall be solely responsible for responding to requests from physicians for individual patients who need the a Product but are unable to afford it. Any such request received by AstraZeneca the Company should originate from the patient’s 's physician and be forwarded to Abraxis AZ for processing in accordance with Abraxis’ AZ's procedures. Abraxis, taking into consideration any recommendation from AZ shall have the JOC, shall be solely responsible sole right and responsibility for establishing and modifying the terms and conditions of the sale of the ProductProducts, including the terms and conditions such as the price at which the Product will Products shall be sold, whether the Product will Products shall be subject to any trade or quantity discounts, whether any discount will shall be provided for payments on accounts receivable, whether the Product will Products shall be subject to rebates, returns and allowances or retroactive price reductions, the channels of distribution of the ProductProducts, and whether credit is to be granted or refused in connection with the sale of any ProductProducts.

Appears in 1 contract

Samples: Co Promotion Agreement (Atherogenics Inc)

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