Refund of Clinical Expenses Sample Clauses

Refund of Clinical Expenses. In the event that the Agreement terminates (i) by reason of Tutogen’s notice of termination under Section 7.1, or (ii) by reason of Tutogen’s material breach under Section 7.2, then Tutogen shall be obligated to reimburse Sulzer’s payment of Clinical Expenses, as determined in this Section 7.6, in obtaining or attempting to obtain regulatory approval for Processed Tissues under Section 5. For each Processed Tissue as to which Sulzer incurred unreimbursed Clinical Expenses, Tutogen shall be obligated to reimburse an amount determined by multiplying the unreimbursed Clinical Expenses paid by Sulzer for that Processed Tissue by the Reimbursement Ratio. The “Reimbursement Ratio” is [***] [***] [***] [***] The reimbursed amount shall be paid in three equal annual installments due within 60 days of the date of termination, one year after termination, and two years after termination, without interest.
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Refund of Clinical Expenses. In the event that the Agreement terminates (i) by reason of Tutogen’s notice of termination under-Section 7.1, or (ii) by reason of Tutogen’s material breach under Section 7.2, then Tutogen shall be obligated to refund Sulzer’s payment of Clinical Expenses, as determined in this Section 7.4, in obtaining or attempting to obtain regulatory approval for Products under Section 5.2. For each Product as to which Sulzer has reimbursed a portion of Clinical Expenses paid by Tutogen, Tutogen shall be obligated to refund an amount determined by multiplying the Clinical Expenses for that Product by the Refund Ratio. The “Refund Ratio” is [***] [***] [***] [***]. The refund amount shall be paid in three equal annual installments due on the date of termination, one year after termination, and two years after termination, without interest.
Refund of Clinical Expenses. In the event that the Agreement --------------------------- terminates (i) by reason of Tutogen's notice of termination under Section 7.1, or (ii) by reason of Tutogen's material breach under Section 7.2, then Tutogen shall be obligated to refund Sulzer's payment of Clinical Expenses, as determined in this Section 7.4, in obtaining or attempting to obtain regulatory approval for Products under Section 5.2. For each Product as to which Sulzer has reimbursed a portion of Clinical Expenses paid by Tutogen, Tutogen shall be obligated to refund an amount determined by multiplying the Clinical Expenses for that Product by the Refund Ratio. The "Refund Ratio" is where t\\exp\\ is the effective date of termination of the Agreement and t\\app\\ is the date of regulatory approval for the Product. For example, if Tutogen obtains a regulatory approval for a Product at the beginning of the second Contract Year after incurring $100,000 of Clinical Expenses reimbursed by Sulzer and the Agreement terminates at the beginning of the fifth Contract Year, the Refund Ratio is and Tutogen owes Sulzer $70,000. The refund amount shall be paid in three equal annual installments due on the date of termination, one year after termination, and two years after termination, without interest.
Refund of Clinical Expenses. In the event that the Agreement terminates --------------------------- (i) by reason of Tutogen's notice of termination under Section 7.1, or (ii) by reason of Tutogen's material breach under Section 7.2, then Tutogen shall be obligated to reimburse Sulzer's payment of Clinical Expenses, as determined in this Section 7.6, in obtaining or attempting to obtain regulatory approval for Processed Tissues under Section 5. For each Processed Tissue as to which Sulzer incurred unreimbursed Clinical Expenses, Tutogen shall be obligated to reimburse an amount determined by multiplying the unreimbursed Clinical Expenses paid by Sulzer for that Processed Tissue by the Reimbursement Ratio. The "Reimbursement Ratio" is where t\\exp\\ is the effective date of termination of the Agreement and t\\app\\ is the date of regulatory approval for the Processed Tissue. For example, if Sulzer obtains a regulatory approval for a Processed Tissue at the beginning of the second Contract Year after incurring unreimbursed Clinical Expenses in the amount of $100,000 and the Agreement terminates at the beginning of the fifth Contract Year, the Reimbursement Ratio is and Tutogen owes Sulzer $70,000. The reimbursed amount shall be paid in three equal annual installments due within 60 days of the date of termination, one year after termination, and two years after termination, without interest.

Related to Refund of Clinical Expenses

  • Development Expenses Bionics will reimburse the Company for all reasonable expenses directly associated with the development of the Lead for Bionics (including, without limitation, costs associated with animal studies and human trials), when the Company submits a request to Bionics for approval prior to incurring such expenses and such expenses are incurred with Bionics’ written approval, provided receipts for such expenses are submitted to Bionics within 30 days after such expenses are incurred. Upon receiving a request for expense authorization from the Company, Bionics will indicate to the Company whether the requested expense is authorized within 15 days for expenses up to $1,000 and within 30 days for expenses over $1,000. Bionics will reimburse the Company within 30 days of receiving reasonably detailed invoices describing the Company’s authorized expenses under this Agreement. The Company will provide those invoices to Bionics within 15 days after the end of each month in which the Company incurs any authorized expense.

  • Patent Expenses Unless agreed otherwise, the Party filing a Patent Application will pay all preparation and filing expenses, prosecution fees, issuance fees, post issuance fees, patent maintenance fees, annuities, interference expenses, and attorneys’ fees for that Patent Application and any resulting Patent(s). If a license to any CRADA Subject Invention is granted to Collaborator, then Collaborator will be responsible for all expenses and fees, past and future, in connection with the preparation, filing, prosecution, and maintenance of any Patent Applications and Patents claiming exclusively licensed CRADA Subject Inventions and will be responsible for a pro-rated share, divided equally among all licensees, of those expenses and fees for non-exclusively licensed CRADA Subject Inventions. Collaborator may waive its exclusive option rights at any time, and incur no subsequent financial obligation for those Patent Application(s) or Patent(s).

  • Development Costs With respect to activities prior to the Amendment Effective Date, each Party was to pay [*] of the total Direct Development Costs of a Product incurred in accordance with the Development Budget (as defined in the Original Agreement). Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, with respect to activities on and after the Amendment Effective Date, subject to Sections 3.1.2, Alimera will be solely responsible for, and shall pay one hundred percent (100%) of, all development costs of a Product, including Direct Development Costs. Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, (i) all payments owing by CDS hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by CDS (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), further including any penalties and interest which might have accrued with respect thereto, and further including all CDS payments deferred pursuant to that February 11, 2008 letter agreement sent by CDS and executed by CDS and Alimera regarding deferral of payments under the Original Agreement as of such date; (ii) all payments owing by Alimera hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by Alimera (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), and further including any penalties and interest which might have accrued with respect thereto; and (iii) subject to Sections 3.1.1 and 3.1.2, from and after the Amendment Effective Date, CDS will have no liability whatsoever hereunder for any past, present or future development costs, including Direct Development Costs (which includes those incurred before, on and after the Amendment Effective Date), and instead Alimera shall have sole liability therefor.

  • of-Pocket Expenses In addition to the above fee-schedule, Out-of-Pocket expenses will be charged as incurred. These charges would include but are not limited to: Securities pricing. Custom electronic interfaces and/or programming beyond normal and customary system development associated with conversion. Local taxes, stamp duties or other assessments, including stock exchange fees, postage and insurance for shipping, facsimile reporting, extraordinary telecommunications fees or other unusual expenses, which are unique to a country in which the Funds are investing. See Second Amendment, dated 9/5/08

  • Indemnification for Marketing Materials In addition to the foregoing indemnification, the Fund and the Investment Adviser also, jointly and severally, agree to indemnify and hold harmless each Underwriter, affiliates, directors, officers, employees and agents of each Underwriter, and each person, if any, who controls any Underwriter within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, against any and all loss, liability, claim, damage and expense described in the indemnity contained in Section 6(a), as limited by the proviso set forth therein, with respect to any sales material.

  • Marketing Expenses Certain marketing expenses, such as Selected Dealer conferences, may be advanced to Selected Dealer and later deducted from the portion of the Dealer Manager Fee re-allowed to that Selected Dealer. If the offering of Shares in a Feeder Fund is not consummated, Selected Dealer will repay any such advance to the extent not previously expended on marketing expenses. Any such advance shall be deducted from the maximum amount of the Dealer Manager Fee that may otherwise be re-allowable to Selected Dealer. Notwithstanding anything herein to the contrary, as to any Feeder Fund, Selected Dealer will not be entitled to receive any Dealer Manager Fee and/or Distribution and Shareholder Servicing Fee which would cause the aggregate amount of selling commissions, dealer manager fees, Distribution and Shareholder Servicing Fees and other forms of underwriting compensation (as defined in accordance with applicable FINRA rules) received by the Dealer Manager and all Selected Dealers to exceed 10.0% of the gross proceeds raised from the sale of Shares in the Feeder Fund’s primary offering.

  • Manufacturing Costs In the event of termination by Merck pursuant to Section 6.2, 6.3 or 6.6 above, Merck shall be entitled to [*****] (as defined herein) incurred by Merck for its Compound Delivered for the Study. [*****]

  • Business Expenses and Final Compensation You acknowledge that you have been reimbursed by the Company for all business expenses incurred in conjunction with the performance of your employment and that no other reimbursements are owed to you. You further acknowledge that you have received payment in full for all services rendered in conjunction with your employment by the Company, including payment for all wages, bonuses and accrued, unused vacation time, and that no other compensation is owed to you except as provided herein.

  • CLAIM EXPENSES The Reinsurer will pay its Proportionate Share of reasonable claim investigation and legal expenses connected with the litigation or settlement of claims payable under this Agreement unless the Reinsurer has discharged its liability pursuant to Article 9.5 above. If the Reinsurer has so discharged its liability, the Reinsurer will not participate in any expenses incurred thereafter. The Reinsurer will not reimburse the Ceding Company for routine claim and administration expenses, including but not limited to the Ceding Company's home office expenses, compensation of salaried officers and employees, and any legal expenses other than third party expenses incurred by the Ceding Company. Claim investigation expenses do not include expenses incurred by the Ceding Company as a result of a dispute or contest arising out of conflicting claims of entitlement to policy proceeds or benefits.

  • Compensation, Expenses and Indemnification (a) The Fund shall pay to the Auction Agent from time to time reasonable compensation for all services rendered by it under this Agreement and under the Broker-Dealer Agreements as shall be set forth in a separate writing signed by the Fund and the Auction Agent, subject to adjustments if the Preferred Shares no longer are held of record by the Securities Depository or its nominee or if there shall be such other change as shall increase or decrease materially the Auction Agent's obligations hereunder or under the Broker-Dealer Agreements.

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