Purchase Price Changes. The Purchase Prices set forth in Appendix A shall be reviewed twelve (12) months following the first delivery of Products by CHI hereunder (“First Delivery Date”) and annually thereafter. Except as expressly provided herein, any price adjustment shall become effective only upon the mutual agreement of the Parties. Twelve (12) months after the First Delivery Date, and annually thereafter during the Term, CHI shall furnish to Distributor a schedule of its costs associated with the production and delivery of each Product as of the date of the schedule (the “Cost Schedule”), the accuracy and completion of which shall be certified by an officer of CHI. CHI shall be available to meet with Distributor and discuss matters related to the Cost Schedule promptly following Distributor’s request. The parties agree that the Purchase Price for each Product shall be reduced or increased by 50% of the dollar value of CHI’s reduced or increased cost, if any, relating to each such Product, as shown by comparing the then-current Cost Schedule with the previous Cost Schedule. Any such Purchase Price reductions or increases shall be effective as of the first day of the next calendar month. For example, cost reductions or increases reflected in the first Cost Schedule delivered on June 30, 2010 and the second Cost Schedule delivered on June 30, 2011 shall change the Purchase Prices of Products effective July 1, 2011. If the parties are unable to mutually agree on such pricing adjustments, the supply of Products shall continue unabated at the then-current Purchase Prices and any pricing adjustment shall be resolved in accordance with the dispute resolution provisions contained in this Agreement.
Purchase Price Changes. In consideration of the market situation and after consultation with HP, the Purchase Prices set forth in Exhibit A (Aspect Products and Purchase Prices) will be reviewed 12 months after first delivery of production units and annually thereafter. Any price increase will become effective only after mutual agreement between both Parties, subject to the following:
(i) In the event the materials cost for the Aspect BIS Module Kit increases by more than [**]. Aspect shall have the right no more than once per year during the term of this Agreement to increase the Purchase Price of the Aspect BIS Module Kit by an equivalent amount by giving HP written notice of such increase not less than [**] days prior to the date upon which the increased Purchase Price is to become effective. No Purchase Price increase shall apply to Orders for Aspect Products accepted by Aspect prior to or during such [**] - day period which are to be delivered within [**] days of the date of such notice.
Purchase Price Changes. In consideration of the market situation and after consultation with Marquette, the Purchase Prices set forth in Exhibit A (Aspect Products and Purchase Prices) shall be reviewed 12 months after first delivery of production units and annually thereafter. Any price adjustment shall become effective only after mutual agreement between both Parties. [**], Aspect shall have the right [**] during the term of this Agreement to increase the Purchase Price of the Aspect Products without the consent of Marquette by an equivalent amount by delivering reasonable documentation supporting such increase and by giving Marquette written notice of the increase not less than [**] days prior to the date upon which the increased Purchase Price is to become effective. [**] shall apply to orders for Aspect Products accepted by Aspect prior to or during such [**] day period which are to be delivered within [**] days of the date of such notice. Notwithstanding anything to the contrary in this Section 7.2, [**] unless [**] reasonable efforts to [**] of the [**] which have [**] in [**] and, [**] reasonable efforts, was not [**] to [**].
Purchase Price Changes. Supplier will notify Distributor before raising the Purchase Prices, but Supplier shall have the right to increase Purchase Prices of Products at its discretion at any time.
Purchase Price Changes. From time to time, but in no event more than [**] beginning in [**], the Purchase Price shall be adjusted by Novasep based on the changes in the costs for raw materials and consumables (including but not limited to resins, solvents, anti-oxidants, silica packaging and containers), utilities (including but not limited to energy, oil, electricity and water), changes in the legal requirements or cGMPs, and changes in the Manufacturer’s labor costs (not to exceed the changes in the index as published from time to time by the French Union des Industries Chimiques. For all such costs such adjustment shall not be an increase greater than [**]% of the previous calendar year’s Purchase Price. Novasep shall provide at least [**] days prior written notice to Tetraphase of any such price adjustment and such price adjustment shall be effective for any Purchase Orders submitted by Tetraphase to Novasep following the notice period of such price adjustment.
Purchase Price Changes. The Purchase Prices set forth in Exhibit A (Aspect Products and Purchase Prices) shall be reviewed 12 months after first delivery of production units and annually thereafter. In the event materials costs for the Aspect Products increase by more than [**] percent ([**]%), Aspect shall have the right no more than once per year during the term of this Agreement to increase the Purchase Price of the Aspect Products by an equivalent amount by delivering reasonable documentation supporting such increase and by giving Datascope written notice of the increase not less than [**] days prior to the date upon which the increased Purchase Price is to become effective. No Purchase Price increase shall apply to orders for Aspect Products accepted by Aspect prior to or during such [**] day period, which are to be delivered within [**] days of the date of such notice. Notwithstanding anything to the contrary in this Section 6.2, no Purchase Price increase shall apply unless Aspect has used its reasonable efforts to find alternate suppliers of the materials that have increased in cost and, despite exercising such reasonable efforts, was not able to locate such alternate suppliers.
Purchase Price Changes. The Purchase Prices set forth in Exhibit A ---------------------- (CDIC Products and Purchase Prices) [CONFIDENTIAL TREATMENT REQUESTED]. Any price adjustment shall become effective only upon mutual written agreement of the Parties. In the event [CONFIDENTIAL TREATMENT REQUESTED], CDIC shall have the right [CONFIDENTIAL TREATMENT REQUESTED] to increase the Purchase Price of the CDIC Products by an equivalent amount by delivering reasonable documentation supporting such increase and by giving Marquette written notice of the increase in the Purchase Price not less than ninety (90) days prior to the date upon which the increased Purchase Price is to become effective. No Purchase Price increase shall apply to Orders for CDIC Products accepted by CDIC prior to or during such ninety (90) day period which are to be delivered within ninety (90) days of the date of such notice. Notwithstanding anything to the contrary in this Section 7.2, no Purchase Price increase shall apply unless CDIC has used its reasonable efforts to find alternative suppliers of the materials which have increased in cost and, despite exercising such reasonable efforts, was not able to locate such alternative suppliers. In the event that both Parties intend to move manufacturing of the CDIC ICG Module Kit to Marquette or an approved vendor for Marquette, both companies shall negotiate in good faith to reach a definitive agreement to supercede this agreement.
Purchase Price Changes. Supplier will notify Distributor before raising the Purchase Prices. [_________]
Purchase Price Changes. In consideration of the market situation and after consultation with Philips, the Purchase Prices set forth in Exhibit A (Aspect Products and Purchase Prices) will be reviewed 12 months after first delivery of production units and annually thereafter. Aspect must give Philips written notice of such increase not less than 90 days prior to the date upon which the increased Purchase Price is to become effective. No Purchase Price increase shall apply to Orders for Aspect Products accepted by Aspect prior to or during such 90-day period which are to be delivered within 90 days of the date of such notice. Any price increase will be subject to the following:
(i) In the event that the materials cost for the Aspect BIS Module Kit and/or BISx System increases by more than [**]%, Aspect shall have the right no more than once a year during the term of this Agreement to increase the Purchase Price of the Aspect BIS Module Kit and/or BISx System by an equivalent amount.
(ii) In the event that Philips introduces a directly competitive product to the BISx System (i.e. any parameter that Philips claims to be a measure of the hypnotic effect of anesthesia, and other than through interfacing a third party standalone device through an interface port), Aspect shall have the right to increase the Purchase Price of the BISx System to a level that is no higher than the prices for similar systems at similar quantities and based on similar terms and conditions granted to any other party that has entered into a similar agreement with Aspect ("Not-To-Exceed Purchase Price"). If Aspect increases its prices pursuant to this paragraph (ii) then Philips may cease to market its patient monitors as BIS Ready.
Purchase Price Changes. In consideration of the market situation and after consultation with Dixtal, the Purchase Prices set forth in Exhibit A (Aspect Products and Purchase Prices) shall be reviewed 12 months after first delivery of production units and annually thereafter. Any price adjustment shall become effective only after mutual agreement between both Parties. In the event materials costs for the Aspect Products increase by more than [**] percent ([**]%), Aspect shall have the right no more than once per year during the term of this Agreement to increase the Purchase Price of the Aspect Products without the consent of Dixtal by an equivalent amount by delivering reasonable documentation supporting such increase and by giving Dixtal written notice of the increase not less than ninety (90) days prior to the date upon which the increased Purchase Price is to become effective. No Purchase Price increase shall apply to orders for Aspect Products accepted by Aspect prior to or during such ninety (90) day period, which are to be delivered within ninety (90) days of the date of such notice. Notwithstanding anything to the contrary in this Section 6.2, no Purchase Price increase shall apply unless Aspect has used its reasonable efforts to find alternate suppliers of the materials that have increased in cost and, despite exercising such reasonable efforts, was not able to locate such alternate suppliers.
