Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first two Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [(YFV – AYV)] [***] * conversion Price for the Product. On or before June 10 of each Year, the parties will agree on the YFV for the next two Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the second Year may not vary by more than [***] from the original YFV for the second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 3 contracts
Samples: Master Manufacturing Services Agreement (Osmotica Pharmaceuticals PLC), Master Manufacturing Services Agreement (Osmotica Pharmaceuticals LTD), Master Manufacturing Services Agreement (Osmotica Pharmaceuticals LTD)
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first two [**] Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [(YFV – AYV)] [***] * conversion Price for the Product]. On or before June 10 [**] of each Year, the parties will agree on the YFV for the next two [**] Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the second [**] Year may not vary by more than [***] ]% from the original YFV for the second [**] Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (La Jolla Pharmaceutical Co), Master Manufacturing Services Agreement (Tetraphase Pharmaceuticals Inc)
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first two […***…] Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 5.6 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [(YFV – AYV)] […***…] * conversion Price for the Product. On or before June 10 of each Year, the parties will agree on the YFV for the next two Years [...***...] of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the second Year may not vary by more than […***] …]% from the original YFV for the second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Horizon Pharma, Inc.)
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first two [***] Years of the Product Agreement (the “"Yearly Forecast Volume” " or “"YFV”") that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 5.6 (“"Actual Yearly Volume” " or “"AYV”") during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [(YFV – AYV)***] On or before [***] * conversion Price for the Product. On or before June 10 of each Year, the parties will agree on the YFV for the next two [***] Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the second Year may not vary by more than [***] ]% from the original YFV for the second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co)
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first two […***…] Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 5.6 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [(YFV – AYV)] […***…] * conversion Price for the Product. On or before June 10 of each Year, the parties will agree on the YFV for the next two [...***...] Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the second Year may not vary by more than […***] …]% from the original YFV for the second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Horizon Pharma, Inc.)
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first two Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [(YFV – AYV)] [***] * conversion Price for the Product. On or before June 10 of each Year, the parties will agree on the YFV for the next two Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the second Year may not vary by more than [***] from the original YFV for the second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (TESARO, Inc.)