Pricing and Royalties Sample Clauses
Pricing and Royalties. (a) Standard Bead Pricing. BIO-RAD shall pay to LUMINEX [**] --------------------- [$**] for every [**] units of Standard Beads purchased, where a "unit" of Standard Beads is equal to one microsphere bead ("Unit Transfer Fee"). This Unit Transfer Fee will be effective during the first [**] years of this Agreement, after which time LUMINEX may, at its option, increase the Unit Transfer Fee effective on [**] days written notice to BIO-RAD. Such increases may occur no more frequently than once per year. Each annual increase during the first [**] years after commercial availability of the first Kit shall not exceed [**] percent ([**]%) of the Unit Transfer Fee previously in effect and thereafter shall not exceed the [**]. Any increase in the Unit Transfer Fee shall be effective for all Standard Beads ordered after such notice. Without limiting the foregoing, the parties agree to negotiate an equitable adjustment to the fees for Standard Beads in the event of an increase in LUMINEX's cost of Standard Beads or components thereof purchased from a third party supplier.
Pricing and Royalties. 8.1 The price of each Vista Product sold to Jomed shall be equal to Vista's fully-burdened manufacturing cost, calculated in accordance with the Generally Accepted Accounting Principles ("GAAP") as then currently applied by Vista, plus a ▇▇▇▇-up of 10%. The fully-burdened manufacturing cost levels shall be re-established each time there is an improvement or addition to a Vista Product that changes Vista's cost structure and on an annual basis on January 1 of each calendar year during the term of this Agreement. At the request and expense of Jomed, Vista shall permit an independent certified public accountant appointed by Jomed and reasonably acceptable to Vista, at reasonable times and upon reasonable notice (but not exceeding once in any twelve (12) month period), to examine on a confidential basis those records as may be necessary (with respect to any calendar year ending not more than three (3) years prior to such party's request) to determine the correctness of the pricing and the manufacturing cost under this Agreement. Said independent certified public accountant shall verify to the requesting party only the amount of manufacturing cost and pricing hereunder and disclose no other information revealed in its audit. Results of any such examination shall be made available to the parties. Any amount of deficiency, or overcharge, shall be paid or refunded promptly by the parties, plus interest at the commercial prime lending rate of Citibank, N.A., New York (or equivalent banking institution) until the date paid. Jomed shall bear the full cost of the performance of any such audit unless such audit discloses an overpayment by Jomed to Vista of more than five percent (5%) from the invoices issued by Vista, in which case Vista shall bear the full cost of the performance of such audit.
8.2 In addition to the amounts set forth in paragraph 8.1 above, Jomed shall pay to Vista a royalty based on the gross profit on sales revenues of Vista Products, including upgrades or replacement parts, sold by Jomed or Related Companies to third parties. Jomed's and any Related Party's gross profit shall be determined in accordance with GAAP as then currently applied by Jomed. The royalty calculation is shown in schedule B. (Notwithstanding, Jomed and Vista agree that they will discuss in good faith a per procedure revenue sharing formula starting in 2002).
8.3 Vista considers Jomed a most favored customer and, as such, will supply Vista products to Jomed at a price whereby t...
Pricing and Royalties. 8.2 In addition to the amounts set forth in paragraph 8.1 above, SDLP shall pay to VMT a royalty of *** of *** of VMT Products, including upgrades or replacement parts, sold by SDLP or Related Companies to third parties in calendar years 1998, 1999, 2000, 2001, and 2002. SDLP's and any Related Party's *** shall be determined in accordance with GAAP as then currently applied by SDLP. The royalty required by this paragraph shall be payable on *** VMT Products only after the first *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. *** VMT Products are sold by SDLP. The parties agree to reconsider in good faith the royalty calculation set forth in the first sentence of this paragraph during the last calendar quarter of 1999 in respect of sales of VMT Products to subdistributors outside the United States. *** *** *** *** *** *** ***.
Pricing and Royalties. (a) Bead Pricing. MIRAI shall pay LUMINEX [__]* of the then effective full list price for Beads purchased by MIRAI (the "Bead Prices").
Pricing and Royalties