Preset Terms Sample Clauses

Preset Terms. If Galderma proposes the following economic terms for the Proposed Indication(s) under either Section 3.5.2 or Section 3.5.3, NovaBay shall agree thereto and such Proposed Indication(s) shall be deemed Accepted Indication(s): (a) milestone payments consistent with those set forth in Section 8.4 for the Impetigo Product based on the potential market size for such Proposed Indication(s) in comparison to the market size for the Impetigo Product, but no more than one hundred fifty percent (150%) or less than sixty-six percent (66%) of the Milestone Payments for the Impetigo Product; (b) a payment payable upon the later of (i) acceptance of the Development Proposal, and (ii) payment of the Continuation Fee, equal to (A) twenty-five percent (25%) of the cumulative milestones established in accordance with Section 3.5.4(a) above for the each such Development Proposal accepted by Galderma, and (B) an amount equal to NovaBay’s reasonable and documented costs incurred in Developing a Collaboration Product for such Proposed Indication(s) prior to the payment of the Continuation Fee, provided that such costs were incurred in accordance with a budget approved by the Coordination Committee as set forth herein and calculated based on the FTE Rate; (c) a maximum credit amount for purposes of Section 8.5.8(b) of one hundred twenty-five percent (125%) of the cumulative milestones established in accordance with Section 3.5.4(a) for such Development Proposal; and (d) royalties based on the particular category of Collaboration Product (i.e., Acne Product, Anti-Bacterial Product, Anti-Fungal Product, Anti-Viral Product or Other Product) as set forth in Section 8.5.2 through 8.5.5, as applicable.
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Related to Preset Terms

  • Financial Terms You agree to pay us the fees indicated in the Order Form. Fees are exclusive of any taxes. You acknowledge and agree all Order Forms are non-cancelable and all fees are non- refundable. In the event that your credit card is declined for any reason, all fees are still due and owing to us and you will promptly provide us with another credit card for payment purposes. Your continued use of the Software or Premium Support on a subscription basis is contingent upon annual payment of fees in advance. Fees are owed and are to be paid in exchange for the rights granted and services made available hereunder and not based on your actual use of the Software, Premium Support or Professional Services. All invoices for Software, Professional Services or Premium Support are due and payable within thirty (30) days of receipt. If we don't receive timely payment, we reserve the right to charge a late fee equal to the lesser of one and half percent (1.5%) compounded monthly of the amount due, or the maximum amount allowed by law in addition to our cost of collection. You are responsible for all applicable taxes including, without limitation, federal, state, and local sales, use, goods, and services, value-added, export or import or equivalent "indirect" taxes and duties on the Software, Premium Support or Professional Services as provided herein.

  • Commercial Terms Seller: PACIFIC GAS AND ELECTRIC COMPANY, limited for all purposes hereunder to its electric procurement and electric fuels functions Buyer: [Buyer to insert its full name here in all caps] Product: The Product shall consist of Electric Energy and associated Green Attributes from the Project, as further described and subject to the provisions herein.

  • Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Xxxxxx and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Xxxxxx, the contract may be further extended as needed, not to exceed a total of six (6) months.

  • Accounting Terms and Calculations Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.

  • Special Terms Terms defined in this Schedule 1 shall have the same meanings when used throughout this Agreement. In the event of any conflict between the terms set out in the various Schedules, the Schedules shall prevail in the order in which they appear in the Agreement. For the purposes of the provision of the Services and any Goods, the terms of this Agreement shall prevail over any other terms and conditions issued by the British Council (whether on a purchase order or otherwise).

  • Appendixes The following attachment and other attachments and individual agreements confirmed by both parties constitute an integral part of this Agreement and have the same legal effect as this Agreement. Attachment: Application Form for Withdrawals.

  • Terminology and Definitions All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular.

  • Other Definitional Terms The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section, Schedule, Exhibit and like references are to this Agreement unless otherwise specified.

  • COMMON TERMS AND DEFINITIONS The parties agree to the following terms and definitions, and to those terms and definitions 12 which, for convenience, are set forth elsewhere in the Agreement.

  • No Other Terms Each party acknowledges that, in entering into the contract, it has not relied on anything said or written that is not written in the contract. This applies unless fraud is established.

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