SALES BELOW BASELINE Sample Clauses

SALES BELOW BASELINE. The Parties agree that, if Actimmune Unit sales are [ * ] or more below the Baseline (on a quarterly-adjusted basis) for a period of [ * ] days following [ * ], they will meet to evaluate the effect of [ * ] on sales volume compared with historical trends and other market dynamics. If the sales of Actimmune Units remain below the Baseline for the second [ * ] day period following such price increase, the Parties agree [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. to re-set the Baseline, provided that such lower sales are not attributable to an extraordinary circumstance, such as an interruption in supply. If, however, sales of Actimmune Units increase during such second [ * ] day period, the Parties agree to review the market dynamics and trends from prior years with respect to CGD patients, and to make a final decision regarding whether and to what extent to re-set the Baseline. The revised Baseline number shall be deemed to be the Baseline for all relevant purposes of this Agreement beginning with the date the revised Baseline is agreed upon (or such earlier date as the Parties may agree). If the Parties cannot agree on an appropriate adjustment to the Baseline following [ * ] as set forth in this subsection, then the proposals of each Party shall be referred for resolution according to the mechanism set forth in Section 5.9.
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SALES BELOW BASELINE. The Parties agree that, if Actimmune Unit sales are [*] or more below the Baseline (on a quarterly-adjusted basis) for a period of [*] days following [*] they will meet to evaluate the effect of [*] on sales volume compared with historical trends and other market dynamics. If the sales of Actimmune Units remain below the Baseline for the second [*] day period following such [*] the Parties agree to re-set the Baseline, provided that such lower sales are not attributable to an extraordinary circumstance, such as an interruption in supply. If, however, sales of Actimmune Units increase during such second [*] day period, the Parties agree to review the market dynamics and trends from prior years with respect to CGD patients, and to make a final decision regarding whether and to what extent to re-set the Baseline. The revised Baseline number shall be deemed to be the Baseline for all relevant purposes of this Agreement beginning with the date the revised Baseline is agreed upon (or such earlier date as the Parties may agree). If the Parties cannot agree on an appropriate adjustment to the Baseline following [*] as set forth in this subsection, then the proposals of each Party shall be referred for resolution according to the mechanism set forth in Section 5.9.
Sample 1

Related to SALES BELOW BASELINE

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