Post Assay Initial Term Pricing Clause Samples

Post Assay Initial Term Pricing. If Response or JBT wants to change the Transfer Price for Raw Materials after the Assay Initial Term (other than as set forth in the Transfer Price section above), Response may request an increase in Transfer Price for a particular item only if the material and labor costs for such item have increased since the time the price was last set, whilst JBT may request a decrease in Transfer Prices for a particular item only if its average ex-factory selling price (i.e., JBT’s selling price including VAT, but excluding other taxes and shipping and handling fees) for such item is below the agreed sales price specified in Section 29 below, such party which claims to such activities will notify other party to negotiate 18 months in advance, after which notice JBT and Response will negotiate in good faith to reach a consensus, if not agreed, execute as per latest set Transfer Price. 4 [***] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.