Reduction for Generic Competition Sample Clauses

Reduction for Generic Competition. If a Third Party sells a product that contains the same Compound, Derivative or Additional Licensed Compound as found in the Licensed Product sold in a country in the Territory, then VIA’s royalty obligations to Roche under Sections 4.1 and 4.3 with respect to sales in such country shall be reduced as follows: ***.

Reduction for Generic Competition. (i) If one or more Generic Products exist with respect to a Therapeutic Product and such Generic Product(s) is(are) marketed and sold in a given country by one or more Third Parties during any calendar quarter during the Royalty Term or the Co-Promote Royalty Term, as applicable, and Net Sales of such Therapeutic Product during such calendar quarter have decreased by [**] percent ([**]%) or more, but less than [**] percent ([**]%) (“[**]% Market Erosion”), relative to Net Sales of such Therapeutic Product in such country during the calendar quarter immediately prior to the calendar quarter during which such Generic Product(s) is(are) first marketed and sold in such country (as such, the “Baseline Net Sales”), then the royalty rate for such Therapeutic Product in such country, on a Therapeutic Product-by-Therapeutic Product and country-by-country basis, shall be reduced to [**] percent ([**]%) of the applicable royalty rate set forth in Section 8.4(a), 8.4(b) 8.4(c) or 8.4(f). (ii) If one or more Generic Products exists with respect to a Therapeutic Product and such Generic Product(s) is(are) marketed and sold in a given country by one or more Third Parties during any calendar quarter during the Royalty Term or Co-Promote Royalty Term, as applicable, and Net Sales of such Therapeutic Product during such calendar quarter have decreased by fifty percent ([**]%) or more (“[**]% Market Erosion”) relative to the Baseline Net Sales of such Therapeutic Product, then the royalty rate for such Therapeutic Product in such country, on a Therapeutic Product-by-Therapeutic Product and country-by-country basis, shall be reduced to [**] percent ([**]%). (iii) For purposes of clarity, if Generic Product(s) with respect to a Therapeutic Product are no longer marketed and sold in a given country, or Net Sales of the Therapeutic Product in a given country for any calendar quarter reaches a level that is greater than [**] percent ([**]%) of the Baseline Net Sales, then any reduction in royalty rate under this Section 8.4(g) shall no longer apply as long as Net Sales of that Therapeutic Product reach a level greater than [**] percent ([**]%) of the Baseline Net Sales.

Reduction for Generic Competition. With respect to any country in the Territory where a Product is a Generic Product, the royalties payable to BMS under Section 5.2 with respect to Net Sales of such Product in such country shall be reduced by 50%, commencing with the calendar quarter during which such Product first becomes a Generic Product in such country. Such reduction shall be in lieu of any other reduction with respect to such royalties under this Agreement to which SGI otherwise would be entitled.

Reduction for Generic Competition. With respect to any country in the Territory where a product that is a Generic Product is being marketed by a Third Party or Parties, the royalties payable to Inspire under Section 6.3 with respect to Net Sales of the Product in such country shall be reduced by [CONFIDENTIAL TREATMENT REQUESTED], commencing with the calendar quarter during which such product becomes a Generic Product in such country.

Reduction for Generic Competition. Notwithstanding the foregoing, on a country-by-country basis in the Territory , the applicable royalty rates for Net Sales of a Licensed Product set forth in Section 11.4.1 (Royalty Rates) will be reduced by [***] of the royalty rates stipulated in Section 11.4.1 (Royalty Rates) following a launch of a Generic Product in such country. For clarity, if the royalty reductions set fort h in both (a) this Section 11.4.4 and (b) Section 11.4.5 apply, the applicable royalty will be reduced to [***] of the royalty rates stipulated in Section 11.4.1 (Royalty Rates); provided that in no event shall the royalty rates be reduced below [***].

Reduction for Generic Competition. On a country-by-country basis, and on a Product-by-Product basis, provided that the Royalty Term is still in effect, the royalties due to Unum under this Section 11.9 for the immediately following calendar quarter for the relevant Product and country in the Licensed Territory will be reduced if there is “Generic Competition” resulting in loss in market share (by units sold) of each component of such Product in such country in the Licensed Territory according to the following scale:

Reduction for Generic Competition. In the event that a product that is a Generic Product is being marketed by a Third Party or Parties in any country in which a Party is selling the Product, the royalties payable to a Party under Section 7.4 with respect to Net Sales of the Product shall be reduced based upon the [ * ]. 7.5.1 The [ * ] calculation provisions set forth in Section 7.5 shall be subject to [ * ] reconciliation, to be completed within [ * ] days of the end of each [ * ] month period following the initial marketing of a Generic Product in a country ("Generic Entry"). The total annual royalty payment due will be determined by comparing actual aggregate Net Sales for [ * ] period after Generic Entry to the aggregate Net Sales for the [ * ] period prior to Generic Entry (the "Baseline") and by calculating [ * ] from the Baseline for such year. In the event such reconciliation reveals an overpayment or underpayment to a Party, DUSA or PN, as the case may be, shall pay to the other Party the amount of the discrepancy within [ * ] days after determination of the discrepancy amount.

Reduction for Generic Competition. Subject to Section 6.4.4(d) (Cumulative Adjustments), on a Product-by-Product basis, in the event of Loss of Market Exclusivity with respect to a Product in a country, as from the first Calendar Quarter this Section 6.4.4(b) (Reduction for Generic Competition) applies, the applicable Royalty Rate pursuant to Section 6.4 (Royalty Rate) for annual Net Sales of such Product otherwise due in such country will be reduced by [**] where there is a Loss of Market Exclusivity for such Product in such Calendar Quarter in such country.

Reduction for Generic Competition. In the event that one or more Generic Products with respect to a Licensed Product are commercially available in a given country in the Territory (“Generic Competition”) in a given Calendar Quarter, then Licensee shall be entitled to deduct [***] from the Royalty due to AstraZeneca with respect to such Licensed Product in such country if Net Sales of such Licensed Product in such country in such Calendar Quarter [***], such deduction to be made in such Calendar Quarter and thereafter in each Calendar Quarter during the Royalty Term in which there is Generic Competition with respect to such Licensed Product in such country.

Reduction for Generic Competition. If during the Royalty Term, the Generic Competitors have achieved a Generic Market Share of more than [***]% within the Licensee Territory, in lieu of the royalty rate specified in Article 6.4(a) above, the royalty rate applicable to Annual Royalty Bearing Net Sales of the Product shall be reduced to [***] percent ([***]%), irrespective of the level of Net Sales.