REPORTS BY SUPERGEN. Within ten (10) days from the date of SuperGen's receipt of Xxxxxx'x report pursuant to Article 6.1 above, SuperGen shall deliver to Xxxxxx a true and accurate written report showing whichever of the following are applicable for such calendar quarter:
REPORTS BY SUPERGEN. Within thirty (30) days from the end of each calendar quarter, SuperGen shall deliver to AVI a true and accurate written report showing the SuperGen Product Sales in the U.S. Territory for such calendar quarter. SuperGen shall calculate in this report the "U.S. Net Product Revenue" by subtracting from the U.S. Product Sales: (i) any discounts, returns, normal and customary rebates and cash and trade discounts actually taken, (ii) sales, use and/or other excise taxes and governmental charges actually paid in connection with the sales of Products, (iii) the cost of any bulk packages and packing, prepaid freight charges and insurance, (iv) amounts actually allowed or credited due to returns paid, and (v) amounts written off to bad debt. It is understood and agreed that SuperGen shall not deduct from the U.S. Product Sales, costs and expenses associated with the marketing, promotion, detailing, and sales expenses, as detailed in Article 6.3.
REPORTS BY SUPERGEN. Within ten (10) days from the date of SuperGen's receipt of Xxxxxx'x report pursuant to Article 6.1 above, SuperGen shall deliver to Xxxxxx a true and accurate written report showing whichever of the following are applicable for such calendar quarter: (a) the SuperGen Product Sales in the U.S. Territory; (b) the SuperGen Distribution Margin for the U.S. Territory (including the SuperGen Cost of Goods used to arrive at the SuperGen Distribution Margin from the SuperGen Product Sales); (c) the SuperGen Operating Margin for the U.S. Territory (including the SuperGen SG&A used to arrive at the SuperGen Operating Margin from the SuperGen Distribution Margin in the U.S. Territory); and (d) the Xxxxxx U.S. Profit Amount, the SuperGen U.S. Profit Amount, the U.S. Adjustment Amounts for each Party, and the Final Payment (as defined in Section 6.5 below) due to either Xxxxxx or SuperGen. 6.3 U.S. PROFIT SPLIT. Commencing on the date of acceptance by the FDA of the U.S. NDA for the Product, the U.S. Product Profit for each calendar year (or portion thereof less than a full calendar year) shall be shared equally between the Parties, fifty percent (50%) for SuperGen and fifty percent (50%) for Xxxxxx. The allocation of U.S. Product Profit (whether a positive (profit) amount or a negative (loss) amount) between Xxxxxx and SuperGen pursuant to this Article 6.3 as of the end of the applicable calendar quarter or year shall be called the "Xxxxxx U.S. Profit Amount" and the "SuperGen U.S. Profit Amount," respectively, which together shall equal the U.S. Product Profit as of the end of such period. The Parties understand that the U.S. Product Profit, the Xxxxxx U.S. Profit Amount, and the SuperGen U.S. Profit Amount can each be a negative number and represent a net loss. 6.4 U.S. ADJUSTMENT AMOUNT. With respect to the U.S. Territory, for each calendar quarter of each calendar year, the "U.S. Adjustment Amount" shall be determined for Xxxxxx by subtracting the Xxxxxx U.S. Profit Amount from the Xxxxxx Operating Margin in the U.S. Territory and shall be determined for SuperGen by subtracting the SuperGen U.S. Profit Amount from the SuperGen Operating Margin in the U.S. Territory. If the U.S. Adjustment Amount is positive for one Party and negative for the other Party, then the Party with the positive U.S. Adjustment Amount shall pay such amount to the other Party, so that each Party receives or bears fifty percent (50%) of the U.S. Product Profit for such calendar quarter. 6.5...
