Profit or Loss Share Clause Samples
Profit or Loss Share. Commencing as of the First Commercial Sale in the Territory of a GDP Collaboration Product, in the event that BioNTech has not exercised its Opt-Out pursuant to Section 8.5, the terms and conditions of this Section 8.4 shall govern each Party’s rights and obligations with respect to Net Profits and Net Losses relating to GDP Collaboration Products. Subject to this Section 8.4, (a) BioNTech shall receive fifty percent (50%) of all Net Profits, and bear fifty percent (50%) of all Net Losses, as applicable, with respect to GDP Collaboration Products and (b) Genentech shall receive fifty percent (50%) of all Net Profits, and bear fifty percent (50%) of all Net Losses. An example of a calculation of Net Profit/Loss and related settlement calculations is set forth on Schedule 8.4. This example is for illustration only and reflects only one possible scenario.
Profit or Loss Share. For so long as there is a sale of a Collaboration Product in the prior Calendar Quarter, the terms and conditions of this Section 8.4 shall govern each Party’s rights and obligations with respect to Net Profits and Net Losses relating to Collaboration Products (other than Royalty Products). Subject to this Section 8.4, Net Profits and Net Losses with respect to each Collaboration Product shall be shared by the Parties in accordance with the Collaboration Allocation. [***] Genentech is solely responsible for Launch Costs.
Profit or Loss Share. During the Share Period for a Product, the Partnership Parties shall share in Profit-or-Loss for such Product according to each such Partnership Party’s Share Percentage; provided, however, that with respect to any Shared Commercial Costs incurred prior to the Share Period, the Parties shall share such costs in accordance with the below provisions; provided that the Shared Commercial Revenue shall be considered zero during such period.
Profit or Loss Share. During the Share Period for a Shared Product, each Party shall share in Profit-or-Loss for such Shared Product in the United States according to such Party’s Share Percentage, subject to Section 1.4(e) below.