Price of Product Sample Clauses

Price of Product. No certificate of approval holder, whether by means of a term or condition of an agreement or otherwise, may fix or maintain the price at which the wholesale licensee sells any product. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION XXXXXXX XX 0000, x. 00, §X0 (XXX).

Price of Product. The Distributor and Supplier have established a base net sales price list (“Base Price List “) is attached hereto as Exhibit A.

Price of Product a. Performance specifications for Pre-Commercial Product and for Commercial Product are set forth on attached Exhibits 3 and 4, respectively. The purchase price for Commercial Product and replacement parts purchased by Distributor shall be [***], but nothing shall preclude the parties from mutually agreeing on a different price. [***] available to Distributor hereunder shall be on similar payment terms as to other distributors, customers or agents, including pricing to GE as defined in the existing Distributor Agreement with GE Fuel Cell Systems, L.L.C. dated February 2, 1999, and set forth in Schedule A, Terms and Conditions of Purchase/Sale, but shall not include pricing arrangements offered by Company to others involving the leasing or financing of the Products, revenue sharing, or other hybrid arrangements with Company's distributors, customers, or agents. b. The Terms and Conditions for all orders for the Pre-Commercial Product and for Commercial Product shall be subject to all of the provisions set forth in this Section 4 and in Schedule A, and as otherwise negotiated between the parties.

Price of Product. 5.1. The price of the PRODUCT to be charged to COMPANY shall be [ * ] percent ([ * ]%) of MANUFACTURING COST which price shall apply to bulk capsules or tablets (as determined during the PROJECT) of PRODUCT supplied EX WORKS ELAN’s manufacturing facility to COMPANY. For the avoidance of doubt, the price of the PRODUCT shall not include the cost of any COMPOUND used in the manufacture of the PRODUCT provided that such COMPOUND was supplied [ * ] by COMPANY to ELAN. 5.2. The price of the PRODUCT to be charged to COMPANY for supplies for [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. distribution as free-of-charge promotional samples in its marketing of the PRODUCT shall be [ * ] percent ([ * ]%) of MANUFACTURING COST which price shall apply to bulk capsules or tablets (as determined during the PROJECT) of PRODUCT supplied EX WORKS ELAN’s manufacturing facility to COMPANY. COMPANY shall inform ELAN when placing an order for PRODUCT that the PRODUCT is for distribution as free-of-charge promotional samples in its marketing of the PRODUCT. 5.3. The price of the PRODUCT shall be reviewed on an annual basis and shall be fixed for the following twelve (12) month period. Notwithstanding the foregoing, at the end of each such twelve (12) month period, ELAN shall retrospectively determine the exact amount of MANUFACTURING COST for the preceding twelve (12) month period. In the event that the sums payable to ELAN pursuant to paragraph 5.1. and 5.2. above are less than [ * ] percent ([ * ]%) and [ * ] percent ([ * ]%) of MANUFACTURING COST respectively, COMPANY shall pay the difference to ELAN. 5.4. Payment for all PRODUCT supplied to COMPANY shall be effected in U.S. Dollars ($) within thirty (30) days of the date of the relevant invoice.

Price of Product. SUPPLIER shall sell Product to DISTRIBUTOR at the Price and in accordance with the terms set forth in ANNEX C hereto. Payment terms are [***] from date of invoice and any and all payments shall be made to an account designated by SUPPLIER. Upon shipment of Product ordered, SUPPLIER shall invoice Price in Euro (EUR). Invoices shall be sent to the following e-mail: [***]. Invoices shall include DISTRIBUTOR’s contact details and VAT number: [***]. Any Transfer Taxes due under the laws and regulations of the Territory in connection with the execution or entry into force of this Agreement shall be borne by DISTRIBUTOR. Further, should this Agreement be required to be registered with any Governmental Authority in the Territory, DISTRIBUTOR shall cause such registration to be made and shall bear any expense or Transfer Taxes payable in respect thereof.

Price of Product. For the calendar year in which launch of the ---------------- Product in the United States occurs, the Initial Manufacturing Cost will be $[*] per Batch; provided, however, that the price is subject to adjustment upward or downward prior to commercialization for changes to the OraPharma Specification and Test Procedures as set forth in Appendix C, including any changes to the manufacturing process as set forth in AAI Master Batch Record M00129.RI. The Initial Manufacturing Cost does not include the raw material cyclomethicone After the first ten commercial Batches have been produced in the OraPharma Space, the parties will review Batch yields and other quantitative efficiency measures observed during manufacturing to determine if a reduction or increase to the Initial Manufacturing Costs is warranted, including, but not limited to, any efficiencies realized through use of clean-in-place equipment. After such review, the agreed upon Manufacturing Cost will be effective until December 31, 2001. After December 31, 2001, the price may be adjusted on an annual basis for labor cost changes or other production costs related to changes to the Product's manufacturing process. AAI shall notify OraPharma of such increase not less than ninety (90) days prior to the first day of each such subsequent calendar year, and the price per Batch shall be increased by the designated amount; provided that OraPharma shall have the right to meet with AAI management and inspect such records as OraPharma may reasonably request to justify the applicable cost changes ("Inspection Rights"). Each such increase shall be effective and included in the price of Product ordered by OraPharma under this Agreement during the next calendar year. In addition, AAI shall provide notice to OraPharma, as soon as reasonably practicable upon notice to AAI, of any significant increase of the price of bulk drug substance and/or excipients used for the manufacture of Product. Each such increase shall be immediately effective upon such notice and included in the price of Product ordered under this Agreement, subject to OraPharma's Inspection Rights. The parties acknowledge that after twenty (20) commercial Batches have been manufactured in the OraPharma Space they will discuss the manufacturing process to determine if this Agreement should be amended, pursuant to Article 12.01, to change the Product pricing from a per-Batch basis to a per-kilo basis.

Price of Product. 10.3.1 The price of the PRODUCT to be charged by ELAN to LIGAND for commercial sale shall be : (1) [**********] of NSP for the [**********] in the TERRITORY; (2) [**********] of NSP for the [**********] in the TERRITORY; and (3) [**********] of NSP for [**********] during the INITIAL PERIOD of the Agreement. Said price shall apply to PRODUCT supplied EX WORKS ELAN's facility to LIGAND. Notwithstanding the other provisions of this Agreement, ELAN shall in no circumstances be obliged to supply PRODUCT to LIGAND for commercial sale at less than [**********] ("FLOOR PRICE"). 10.3.2 The price of the PRODUCT to be charged to LIGAND for supplies of PRODUCT for distribution as [**********] promotional samples (including an indigent patient program not to exceed [**********] of PRODUCT sold IN MARKET by LIGAND in each country of the TERRITORY) in its marketing of the PRODUCT shall be equivalent to [**********] which price shall apply to PRODUCT supplied EX WORKS ELAN's facility to LIGAND. 10.3.3 ELAN shall supply the PRODUCT to LIGAND at the [**********]. The purchase price of the PRODUCT may be adjusted by ELAN each calendar quarter with the understanding that such purchase price is intended to represent the [**********]. 10.3.4 Within 45 days of the end of each calendar quarter, LIGAND shall notify ELAN of the NSP of PRODUCT for that previous calendar quarter and pay to ELAN the excess of: (i) the percentage of NSP of PRODUCT for that previous calendar quarter calculated in accordance with Clause 10.3.1. over (ii) the [**********] paid by LIGAND for such PRODUCT pursuant to Clause 10.3.4. 10.3.5 Payment for all PRODUCT supplied by ELAN to LIGAND shall be made in $ within [****] of the date of the relevant invoice.

Price of Product. 1. Product Price to be invoiced by IMPATIENTS to third parties excluding VAT: Price is established by CELSION, at its sole discretion, and may be changed by Celsion. 2. The royalty referred to in clause 7.1.2 shall be calculated as follows: ***** 3. The royalty referred to in clause 7.1.3 shall be calculated as follows:

Price of Product. The price for Product provided hereunder shall be as set forth in Schedule 3 to this Agreement. The price for Product may only be adjusted as provided in Schedule 3 hereto.

Price of Product. The prices of all orders will be implemented according to annex 1 within the valid term of the agreement, including freight, packing expenses, technical support and service charge.