Price Adjustments – Subsequent Years’ Pricing. After the first Year of the Product Agreement, Patheon may adjust the Price effective January 1st of each Year as follows:
Price Adjustments – Subsequent Years’ Pricing. […***…], Patheon may adjust the Price effective […***…] as follows:
Price Adjustments – Subsequent Years’ Pricing. After the first Year of the Agreement, Patheon may, upon at least 60 days’ written notice to Client, adjust the Price effective January 1st of each Year as follows:
Price Adjustments – Subsequent Years’ Pricing. The fees for the Manufacturing during any period following the date set forth in Section 4.1 of this Agreement shall be determined in accordance with the following:
Price Adjustments – Subsequent Years’ Pricing. After the first Year of the Product Agreement, Patheon may adjust the Price effective January 1 of each Year as follows:
(a) [* * *]
(b) [* * *]
(c) [* * *]
(d) Tier Pricing (if applicable). The pricing in Schedule B of a Product Agreement is set forth in Annual Volume tiers based upon Client’s volume forecasts under Section 5.1. Client will be invoiced during the Year for the unit price set forth in the Annual Volume tier based on the 18-month forecast provided in September of the previous Year. Within 30 days after the end of each Year or of the termination of the Agreement, Patheon will send Client a reconciliation of the actual volume of Product ordered by Client during the Year with the pricing tiers. If Client has overpaid during the Year, Patheon will issue a credit to Client for the amount of the overpayment within 60 days after the end of the Year or will issue payment to Client for the overpayment within 60 days after the termination of the Agreement. If Client has underpaid during the Year, Patheon will issue an invoice to Client under Section 5.5 for the amount of the underpayment within 60 days after the end of the Year or termination of the Agreement. If Client disagrees with the reconciliation, the Parties will work in good faith to resolve the disagreement amicably. If the Parties are unable to resolve the disagreement within 30 days, the matter will be handled under Section 12.1. For avoidance of doubt, this Section 4.2(d) will not be applicable to Client’s Injectable Omadacycline Product.
(e) [* * *]
(f) For a Price adjustment under this Section 4.2 Patheon will deliver to Client a revised Schedule B to the Product Agreement and budgetary pricing information, adjusted Component costs or other documents reasonably sufficient to demonstrate that a Price adjustment is justified. [* * *]
(g) [* * *] 4.3 [* * *]
Price Adjustments – Subsequent Years’ Pricing. After the first Year, [**] may adjust the Price [**] as follows:
(a) Manufacturing and Stability Testing Costs. [**]
Price Adjustments – Subsequent Years’ Pricing. (a) On January 1 of each Year of this Agreement, Patheon shall be entitled to an adjustment to the fees (i) for Manufacturing Services in respect of the Products to reflect inflation, which adjustment shall be in the amount of [***] unless the Parties otherwise agree in writing; and (ii) [***] provided that the fees [***].
(b) In connection with a fee adjustment pursuant to clause (i) of Section 5.2(a), Patheon shall deliver to the Client by not later than November 1st of each Year a revised Schedule B for the following Year and a statement outlining the percentage increase in the [***], upon which such fee adjustment for the following Year is based. In connection with all fee adjustments pursuant to clause (ii) of Section 5.2(a), Patheon shall deliver to the Client by not later than November 1 st of each Year a revised Schedule B and such budgetary pricing information or other documentation reasonably sufficient to demonstrate that a fee adjustment is justified. Fee revisions under this Section 5.2 shall be effective with respect to any Product ordered after the end of the then current Year. [***] Confidential treatment has been requested for portions of this exhibit. These portions have been omitted from this exhibit and have been filed separately with the Securities and Exchange Commission.
Price Adjustments – Subsequent Years’ Pricing. The Prices for the Products during any Year following the first Year of this Agreement will be determined as follows:
Price Adjustments – Subsequent Years’ Pricing. After December 31, 2011, Patheon or Client may adjust the Price for the Products effective January 1st of each subsequent Year as follows:
Price Adjustments – Subsequent Years’ Pricing. After December 31, 2013, Supplier may adjust the Price effective January 1st of each Year thereafter as follows:
