Common use of Passive Sales Clause in Contracts

Passive Sales. (a) Notwithstanding anything to the contrary in this Agreement and specifically the foregoing provisions of Section 12.1, nothing in this Agreement is intended to prohibit Passive Sales of the CHIRON Licensed Product by ROCHE, its Affiliates, its Authorized Distributors or Cross Sellers (subject to Section 12) within the Region. Passive Sales will be subject to the royalty provisions set forth in Article 3 and Exhibit A.

Passive Sales. (a) Notwithstanding anything to the contrary in this Agreement and specifically the foregoing provisions of Section 12.1, nothing in this Agreement is intended to prohibit Passive Sales of the CHIRON Licensed Product by ROCHE, its Affiliates, Affiliates or its Authorized Distributors or Cross Sellers (subject to Section 12) [***]within the Region. Passive Sales will be subject to the royalty provisions set forth in Article 3 and Exhibit A without application of any adjustment to Earned Royalties for Home Brew Screening pursuant to Paragraph (2) of Exhibit A.

Passive Sales. (a) Notwithstanding anything to the contrary in this Agreement and specifically the foregoing provisions of Section 12.1, nothing in this Agreement is intended to prohibit Passive Sales of the CHIRON Licensed Product by ROCHE, its Affiliates, Affiliates or its Authorized Distributors or Cross Sellers (subject to Section 12) within the Region. Passive Sales will be subject to the Blood Screening royalty provisions set forth in Article 3 and Exhibit A, without application of any adjustment to Earned Royalties for Home Brew Screening pursuant to Paragraph 2 of Exhibit A.