Royalty Reduction for Generic Competition. Subject to the limitation set forth in Section 8.8, the royalty rates set forth in Section 8.3 for Net Sales in such country (after any previous reduction(s), if any, made pursuant to Section 8.6) shall be reduced, on a country-by-country basis by [***] at the end of the first to occur Calendar Quarter during which the Generic Competition Percentage in such country during such time period is greater than or equal to [***].
Royalty Reduction for Generic Competition. If, on a Shared Product-by-Shared Product, country-by-country and Calendar Quarter-by-Calendar Quarter basis,
(i) A Generic Product(s) has a market share of greater than [***] percent ([***]%) but less than or equal to [***] percent ([***]%); or
(ii) A Generic Product(s) has a market share of more than [***] percent ([***]%); then, subject to Section 9.4, the royalties payable with respect to Annual Net Sales of such Shared Product pursuant to Section 9.3(a) in such country during such Calendar Quarter shall be reduced by [***] percent ([***]%) if subsection (i) applies and [***] percent ([***]%) if subsection (ii) applies, respectively, of the royalties otherwise payable pursuant to Section 9.3(a). Market share shall be based on the aggregate market in such country of such Shared Product and all applicable Generic Products (based on sales of units of such Shared Product and such Generic Product(s) in the aggregate, as reported by IMS International, or if such data are not available, such other reliable data source as reasonably agreed by the Parties).
Royalty Reduction for Generic Competition. The royalty amounts otherwise payable under Section 8.4.1 shall be reduced by * (*) on a country-by-country basis at any such time where the sale of one or more Generic Product(s) in such country exceeds * percent (*%) of the unit sales volume for the applicable Licensed Product in that country, as measured by IMS Health or its successor. For such purposes, the reduction will be calculated assuming that the royalty rate in such country is the Blended Rate (i.e., the reduced royalty rate for such country shall be * percent (*%) of the Blended Rate). Such reduction shall be first * Confidential Treatment Requested applied with respect to such country starting with sales in the Calendar Quarter following the first Calendar Quarter where the sales of the Generic Product(s) in such country exceed *% of the unit sales volume of the applicable Licensed Product. In no event shall the royalty amounts payable in any such country be reduced below * percent (*%) of the amount otherwise payable with respect to such Licensed Product under Section 8.4.1.
Royalty Reduction for Generic Competition. If a Licensed Product is sold in a country in the Territory during the applicable Royalty Term at a time when there is no Valid Claim of the Licensed Patent Rights that covers the use, make, offer for sale, sale or import of the Licensed Product in such country and there is one or more Generic Products that have at least [***] percent ([***] %) of the market share in such country, then the royalty rate applicable to the Net Sales of such Licensed Product in such country during such calendar quarter shall be reduced to [***] percent ([***]%) of the average royalty rate otherwise applicable to all Net Sales for the Licensed Product in the Territory under Section 4.2.
1. The parties shall mutually agree in writing upon the appropriate method to determine the market share by volume of Generic Products, utilizing a service such as IMS Health. For clarity, the royalty reduction set forth in this subsection shall not apply to any calendar quarter for which the market share of the Generic Product does not reach the threshold set forth above.
Royalty Reduction for Generic Competition. If at any time Generic Product Competition exists in a given country with respect to a Product, then the royalty rate set forth in Section 8.5(a) with respect to sales of such Product in such country shall be reduced by [***]. For clarity, if Generic Product Competition ceases to exist, then the royalty rate shall no longer be reduced.
Royalty Reduction for Generic Competition. The royalty amounts otherwise payable under Section 8.4.1 shall be reduced [***] ([***]) on a country-by-country basis at any such time that there is no patent included in the BMS Patent Rights in effect for any reason that are infringed by the sale of a Generic Product or any other governmental grants (e.g., under the Xxxxx-Xxxxxx Act) providing marketing exclusivity with respect to the applicable Licensed Product in such country that are violated by the sale of a Generic Product and [***]. For such purposes, the reduction shall [***]. Such reduction shall be first applied with respect to such country starting with [***] sales of the Generic Product(s) in such country [***] of the [***] of the [***].
Royalty Reduction for Generic Competition. If, on a Binder Program Product-by-Binder Program Product, country-by-country and Calendar Quarter-by-Calendar Quarter basis, (i) a Generic Product(s) has a market share of greater than [***] percent ([***]%) but less than or equal to [***] percent ([***]%) or (ii) a Generic Product(s) has a market share of more than [***] percent ([***]%); then, subject to Section 6.6.4(f), the royalties payable with respect to Annual Net Sales of such Binder Program Product pursuant to Section 6.6.4(a) in such country during such Calendar Quarter shall be reduced by [***] percent ([***]%) if subsection (i) applies and [***] percent ([***]%) if subsection (ii) applies, respectively, of the royalties otherwise payable pursuant to Section 6.6.4(a). Market share shall be based on the aggregate market in such country of such Binder Program Product and all applicable Generic Products (based on sales of units of such Binder Program Product and such Generic Product(s) in the aggregate, as reported by IMS International, or if such data are not available, such other reliable data source as reasonably agreed by the Parties).
Royalty Reduction for Generic Competition. If, on a Licensed Product-by-Licensed Product, country-by-country and Calendar Quarter-by-Calendar Quarter basis,
Royalty Reduction for Generic Competition. The royalty amounts otherwise payable under Section 8.4.1 shall be reduced by [*] on a country-by-country basis at any such time that there is no patent in effect for any reason providing marketing exclusivity with respect to the applicable Licensed Product in such country and where the sale of one or more Generic Product(s) in such country exceeds [*] percent ([*]%) of the unit sales volume of pharmaceutical products containing the applicable License Compound in that country, as measured by IMS Health or its successor. For such purposes, the reduction will be calculated assuming that the royalty rate in such country is the Blended Rate (i.e., the reduced royalty rate for such country shall be [*] percent ([*]%) of the Blended Rate). Such reduction shall be first applied with respect to such country starting with sales in the Calendar Quarter following the first Calendar Quarter where the sales of the Generic Product(s) in such country exceed [*]% of the unit sales volume of the applicable Licensed Product. In no event shall the royalty amounts payable in any such country be reduced below [*] percent ([*]%) of the amount otherwise payable with respect to such Licensed Product under Section 8.4.1.
Royalty Reduction for Generic Competition. On a Region-by-Region or country-by-country and Product-by-Product basis and solely after the later of (i) the expiration of the last-to-expire Valid Claim of the C4T Licensed Patents Covering a Compound or Product in a Region or country, and (ii) the expiration of the Regulatory Exclusivity of such Product in such Region or country, for each [*] during the applicable Royalty Term in which the aggregate sales of any and all applicable Generic Products sold by any and all Third Parties in such Region or country during such [*] are equal to at least [*] of a Party’s volume-based market share of the corresponding Product in such Party’s Region or country (based on IQVIA Market Data for such Generic Products for such [*], or if such data is not available, such other reliable data source as is mutually determined by the Parties), the applicable royalty rate set forth in Section 8.5 shall be reduced by [*].
