Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the parties that MERCK may sell Product to an independent third party (such as a retailer or wholesaler) and may subsequently perform services relating to Product and other products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the parties that Net Sales shall be based on the invoice price to such independent retailer or wholesaler, as set forth in Section 1.21, notwithstanding that MERCK or its Affiliates may receive compensation arising from the performance of such services.
Appears in 2 contracts
Samples: Development and License Agreement (Isis Pharmaceuticals Inc), Development and License Agreement (Isis Pharmaceuticals Inc)
Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the parties Parties that MERCK may sell Product Licensed Product(s) to an independent third party Third Party (such as a retailer or wholesaler) and may subsequently perform services relating to Product Licensed Product(s) and other products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the parties Parties that Net Sales shall be based on the invoice price to such an independent retailer or wholesaler, as set forth in Section 1.211.26, notwithstanding that MERCK or its Affiliates may receive compensation arising from the performance of such services.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Nitromed Inc)
Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the parties Parties that MERCK Merck may sell Product Product(s) [**] to an independent third party Third Party (such as a retailer or wholesaler) and may subsequently perform services relating to Product Product(s) [**] and other products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the parties Parties that Net Sales shall be based on the invoice price to such an independent retailer or wholesaler, as set forth in Section 1.211.39, notwithstanding that MERCK or its Affiliates Merck may receive compensation arising from the performance of such services.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Decode Genetics Inc)