QUALIFIED PURCHASES. All terms contained herein apply only to purchases made hereunder, as confirmed by Amgen ("Qualified Purchases"), by NMC and, subject to the terms of Section 11, all Affiliates (as such term is defined in Section 11 below) opened, acquired, or managed by NMC during the Term, for so long as such Affiliates remain at least fifty and one-tenth percent (50.10%) owned or managed by National Medical Care, Inc., through wholesalers chosen by NMC and authorized by Amgen to participate in the program ("Authorized Wholesalers") or directly from Amgen. In addition, and also subject to the terms of Section 11, Renaissance Health Care, Inc., Optimal Renal Care, L.L.C., Integrated Renal Care of the Pacific, LLC and/or any joint venture of NMC in which NMC holds at least a fifty and one-tenth percent (50.10%) ownership interest, will also be eligible to participate, although not required to purchase under this Agreement. Amgen agrees to reasonably approve Authorized Wholesalers requested by NMC. The option to purchase on a direct basis from Amgen is subject to receipt and approval, not to be unreasonably withheld, of an "Application for Direct Ship Account".
QUALIFIED PURCHASES. Only Products purchased under this Agreement by Dialysis Center through Authorized Wholesalers (or directly from Amgen as provided in Section 4 above), as confirmed by Amgen based on sales tracking data, will be deemed “Qualified Purchases”.
QUALIFIED PURCHASES. Only Products purchased under this Agreement by RCG through *.
QUALIFIED PURCHASES. Only EPOGEN(R) purchased under this Agreement by RCG through *.
QUALIFIED PURCHASES. Only EPOGEN(R)purchased under this Agreement by Dialysis Center through Authorized Wholesalers, at the contract prices set forth herein, as confirmed by Amgen based on sales tracking data, will be deemed "Qualified Purchases".
QUALIFIED PURCHASES. EPOGEN(R) purchased under this Agreement by Dialysis Center *. *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission.
QUALIFIED PURCHASES. Only EPOGEN(R) purchased under this Agreement by Dialysis Center*.
QUALIFIED PURCHASES. Only Products purchased under this Agreement by GAMBRO from Amgen or through Authorized Wholesalers at the contract prices set forth herein, as confirmed by Amgen based on sales tracking data, will be deemed “Qualified Purchases”.
QUALIFIED PURCHASES. Only Products purchased under this Agreement by RCG through *.
SECTION 6. AMENDMENT TO SECTION 6, COMMITMENT TO PURCHASE. Section 6 is hereby amended for the period April 1, 2003 through December 31, 2003, as follows:
QUALIFIED PURCHASES. Sales in the Affiliate Program are limited to individual and home school Product sales. No Commissions will be paid for any other type of sales. Commissions will be paid to you for Qualified Purchases. A “Qualified Purchase” is any purchase: (i) of Rosetta Stone Products; (ii) made via Xxxxxxx Xxxxx’x web site (located at xxxx://xxx.xxxxxxxxxxxx.xxx) as a direct result of your promotion of the Rosetta Stone Products by linking from one of the Commission Links on your Web site; (iii) shipped by Rosetta Stone; and (iv) for which Rosetta Stone has received full payment. Notwithstanding the foregoing, no Commissions will be paid for purchases made by persons who have disabled the use of cookies within their web browsers and are subsequently not accounted for on the Reporting Site. Such persons are deemed to be direct customers of Rosetta Stone, will not be included on the Reporting Site, and will not contribute to the Commissions generated under the Affiliate Program. No Commissions will be paid for purchases made on any web site of Rosetta Stone other than xxxx://xxx.xxxxxxxxxxxx.xxx.
