Common use of Sale Below Fair Market Value Clause in Contracts

Sale Below Fair Market Value. In the event that Licensee, Sublicensees, Designees or their Affiliates sell Licensed Product to a Third Party to whom it also sells other products, the price for Licensed Product shall not be established such that Net Sales is below fair market value with the intent of increasing market share for other products sold by Licensee, Sublicensees, Designees or their Affiliates to such Third Party or for the purpose of reducing the amount of Royalties payable on the Net Sales of Licensed Product. If the sale of Licensed Product under such circumstances results in Net Sales below the fair market value of Licensed Product, then the Net Sales of Licensed Product in such transaction shall be deemed to be the fair market value for purposes of calculating payments owed to Foundation under this Agreement.

Sale Below Fair Market Value. In the event that LicenseeCompany, Sublicensees, Designees or their Affiliates sell Licensed Product to a Third Party to whom it also sells other products, the price for Licensed Product shall not be established such that Net Sales is below fair market value with the intent of increasing market share for other products sold by LicenseeCompany, Sublicensees, Designees or their Affiliates to such Third Party or for the purpose of reducing the amount of Royalties royalties payable on the Net Sales of Licensed Product. If the sale of Licensed Product under such circumstances results in Net Sales below the fair market value of Licensed Product, then the Net Sales of Licensed Product in such transaction shall be deemed to be the fair market value for purposes of calculating payments owed to Foundation Columbia under this Agreement.

Sale Below Fair Market Value. In the event that LicenseeCompany, Sublicensees, Designees or their Affiliates sell Licensed Product to a Third Party to whom it also sells other productsin a transaction that is not at arms-length, the price for Licensed Product shall not be established such that Net Sales is below fair market value with the intent of increasing market share for other products sold by LicenseeCompany, Sublicensees, Designees or their Affiliates to such Third Party or for the purpose of reducing the amount of Royalties royalties payable on the Net Sales of Licensed Product. If the sale of Licensed Product under such circumstances results in Net Sales below the fair market value of Licensed ProductProduct sold in an arms-length transaction, then the Net Sales of Licensed Product in such transaction shall be deemed to be the fair market value of Product sold in an arm’s length transaction for purposes of calculating payments owed to Foundation Columbia under this Agreement.