Product Payment Clause Samples

Product Payment. Subject to Article 6.2, --------------- Novartis shall pay to Organogenesis, in accordance with Article 7.2, an amount (the "Product Payment") equal to --------------- (a) *** of Net Sales in the Territory by Novartis and its Affiliates and sublicensees with respect to sales during each Amended Contract Year of up to and including *** units of Product, plus (b) *** of Net Sales in the Territory by Novartis and its Affiliates and sublicensees with respect to incremental sales, if any, during each such Amended Contract Year *** units of Product; provided, however, that the percentages in -------- ------- both clauses (a) and (b) shall be decreased by up to *** in the event Organogenesis fails to achieve the Performance Measures, in accordance with and as further set forth in Schedule B attached hereto. Organogenesis ---------- shall provide to Novartis, within thirty (30) days after the end of each calendar quarter during the term of the Amended LSA, a reasonably detailed summary of Organogenesis' performance and achievements with respect to the Performance Measures during the corresponding just-ended calendar quarter. CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE OMISSIONS.

Product Payment. Merchant hereby authorizes The Company or its authorized third party to originate a Pre-Authorized Debit (“PAD”) debit to ▇▇▇▇▇▇▇▇’s account, as provided by the Merchant for all obligations of Merchant under this Agreement. In the event that The Company incurs any charges due to the failure of a PAD debit to properly process or in the event that Merchant does not have sufficient funds in its account to permit the PAD debit to go through, Merchant shall immediately, upon demand, reimburse The Company for all such charges and expenses incurred together with a $35.00 administrative fee. Notwithstanding the foregoing, the failure of a PAD debit to properly post to Merchant’s account shall entitle The Company to immediately suspend service or terminate this Agreement. If there is any discrepancy between the POS terminal transaction reports and the transaction reports generated by the Server, the Server reports shall be considered correct andaccurate.

Product Payment. Pharmacy shall pay Product invoices within [***] days of the date of receipt of such invoices. If a payment date falls on a Saturday, Sunday or a federal holiday, Pharmacy may make payment on the next business day and still be in compliance with the payment terms. If payment is not timely received, Manufacturer reserves the right to [***].

Product Payment. Payment for Products must be made in full prior to the delivery unless otherwise agreed in writing. All payments must be received by Lynkwell before the Products are shipped to the Customer.

Product Payment. MAPLESOFT shall pay to the Toolbox Developer a monthly payment for all Product sold that month, less pre-approved returns, Product Payment shall be due thirty (30) days from last day of the month sold and provided in U.S. Dollars (except in the case of sales of Product to End Users located in Canada that paid MAPLESOFT or its resellers for the Product in Canadian Dollars, in which case Product Payment for such sales may be provided in Canadian Dollars), and wired to the bank account designated by the Toolbox Developer or otherwise paid to the Toolbox Developer as agreed to by the parties acting reasonably. All payment terms described in this section will remain applicable regardless of the credit terms extended by Maplesoft to any End User or through a reseller and regardless of whether MAPLESOFT identifies an End User or reseller as a risk of doubtful collection for payment of accounts, unless exceptions to the thirty (30) day payment terms are accepted in advance and in writing by the Toolbox Developer. MAPLESOFT will promptly notify Toolbox Developer in writing (and in any event as part of its reporting set forth in Section 5.3) when an End User or reseller of MAPLESOFT is outside of MAPLESOFT’s standard credit, collection and payment terms. Provided MAPLESOFT properly reports the collection risk of an End User or reseller to Toolbox Developer as set forth above, the Product Payment amount of an account of that End User or reseller (the “Uncollected Amount”) that is not collected within 120 days of the date of sale, shall be subtracted from the next scheduled Product Payment. If payment is thereafter made by such an End User or reseller, the Uncollected Amount shall be reported to Toolbox Developer in accordance with Section 5.3 and included in the next scheduled Product Payment

Product Payment. Unless otherwise agreed, all Products sold to HUS by ATL --------------- shall be invoiced at the time of shipment. Payment terms are net thirty (30) days of the invoice date. If HUS requests that shipment be made other than F.O.B. ATL's manufacturing facility in Bothell, Washington, the payment must be in an amount sufficient to pay for any additional shipping costs. Overdue payments shall be charged interest the lesser of twelve percent (12%) per annum, or the maximum permitted by applicable law.

Product Payment. Subject to the terms of this Section 2.9, BSN shall remit the Product Payment to Alliqua upon Alliqua’s completion of the obligations as set forth in Section 2.8 above; provided, that to the extent that BSN and Alliqua are negotiating in good faith to resolve any matter in accordance with Section 2.8(b) above, then BSN shall not be required to remit payment in respect of any Unsold Products returned by Alliqua related to such matter until BSN and Alliqua have reached a mutually satisfactory resolution of such matter. Subject to the terms of this Section 2.9, BSN shall deliver the Product Payment to Alliqua within two (2) business days following the satisfaction of the requirements set forth in the immediately preceding sentence. For the avoidance of doubt, under no circumstance would the Product Payment exceed $900,000 (Nine Hundred Thousand United States Dollars).

Product Payment. For each Aurix System kit ordered, each RXH Partner Hospital shall pay Nuo in the normal course and subject to standard payment terms the then current product price (which product price shall be $700 in 2016 and no greater than $750 in the remainder of the Initial Term) which is reimbursed by CMS according to the Medicare Reimbursement Information attached as Exhibit B.

Product Payment. SUPPLIER shall invoice BUYER upon delivery of the Product to the Carrier. Payment of the Purchase Price shall be due to SUPPLIER thirty days (30) days after the date of SUPPLIER’s invoice. In the event of a delay in shipment of Product caused by BUYER, the invoice shall be dated as of the QA release date by SUPPLIER. In the event of production delays in excess of thirty (30) days caused by BUYER’s failure to supply BUYER Supplies (as defined below) to SUPPLIER, then SUPPLIER has the right to invoice BUYER for the in-process materials.