Prices for Product. Purchaser shall pay to VIVUS the Price for the units of Product supplied to Purchaser pursuant to this Agreement. Purchaser shall be solely responsible for determining the price at which it will re-sell the Product.
Prices for Product. Prices for Products and Services will be specified in the applicable Product Exhibit or Addendum to the Agreement. Such prices are the maximum prices to be paid by an Ordering Party for the Products or Services purchased. Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as ***. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission.
Prices for Product. Except for the Products described in Section 2.5(a), which shall be provided to Purchaser at no charge, Purchaser shall pay to VIVUS the Price for the units of Product supplied to Purchaser pursuant to this Agreement. Purchaser shall be solely responsible for determining the price at which it will re-sell the Product.
Prices for Product. Purchaser shall pay to Vivus the Price for the units of Product supplied to Purchaser pursuant to this Agreement. For any Product supplied to Purchaser hereunder that has been manufactured by Sanofi Winthrop Industrie using API supplied by Vivus pursuant to Section 6.5 of the License Agreement , the Price shall be equal to *** of *** such Product and in having the Product ***. Purchaser shall be solely responsible for determining the price at which it will sell the Product.
Prices for Product. Purchaser shall pay to SWI the Price for the units of Product supplied to Purchaser pursuant to this Agreement.
Prices for Product. Article 4 FORECASTS; ORDERS
Prices for Product. Xxxxxx shall pay to Stellar the Supply Cost during the term of this Supply Agreement for Product supplied by Stellar to Xxxxxx pursuant to this Supply Agreement. For the sake of clarity, any Product or derivative formulations thereof used in support of clinical trials shall be supplied to Xxxxxx at Stellar’s Manufacturing Cost.
Prices for Product. 6.1 Subject always to the payment obligations of CUSTOMER for Product contained in Section 5.2(d), Product pricing, based on the volume of Products purchased during a Calendar Year, shall be as follows:
Prices for Product. (a) Subject always to the payment obligations of GELTEX for Product contained in Section 5.2(e) and to the provisions of Section 8.2, GELTEX shall pay [**] for Product purchased during Calendar Years 2002 and 2003. However, should GELTEX and its Affiliates, combined, purchase more than [**] in either 2002 or 2003, then the price for quantities of Product above [**] shall be $[**]. The preceeding sentence is intended to cover circumstances in which more than [**] of Product is produced by DOW with the [**] capacity expansion discussed in Section 5.2(a) above. In the event that GELTEX and DOW agree to further expand the capacity of the DOW facility beyond [**], then the purchase price for the additional quantities of Product produced by such additional capacity expansion shall be negotiated between the parties.
(b) GELTEX and DOW acknowledge that the capacity expansion being conducted under this Agreement may enable DOW to produce and sell to GELTEX in Calendar Year 2001 quantities of Product in excess of the [**] contemplated by the Extension Agreement. The parties agree that the price for quantities of Product above [**] purchased by GELTEX and its Affiliates during Calendar Year 2001 shall be $[**].
(c) The Product pricing in Sections 6.1(a) assumes a [**] purchase price of [**] per Kg. If [**] pricing is different, then the Product pricing will be adjusted accordingly.
(a) Subject always to the payment obligations of GELTEX for Product contained in Section 5.2(e), and except as otherwise provided in Section 6.1, DOW and GELTEX shall commence discussions regarding the price for Product for 2004, and each Calendar Year thereafter in September of the preceding Calendar Year. The parties agree to negotiate in good faith to set the Product price for each Calendar Year following 2003. If, during any Calendar Year during the term of this Agreement, DOW and GELTEX cannot agree on Product pricing, then the Product pricing for the Calendar Year in question shall equal the Product pricing for the immediately preceding Calendar Year. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
