Sales of Licensed Products. All sales of Licensed Products shall be made, recorded, invoiced and collected by Kinex or its Affiliates or sublicensees. All terms regarding Licensed Product sales, including terms with respect to credit, pricing, cash discounts, rebates, chargebacks, bad debt write-offs, and other fees and charges, and returns and allowances shall be set solely by Kinex in accordance with reasonable industry standards.
Sales of Licensed Products. All sales of the Licensed Products shall be made, recorded, invoiced and collected by PharmaEssentia. All terms regarding the Licensed Product sales, including terms respecting credit, pricing, cash discounts, rebates, chargebacks, bad debt write-offs, and other fees and charges, and returns and allowances shall be set solely by PharmaEssentia.
Sales of Licensed Products. All sales of Licensed Products shall be made, recorded, invoiced and collected by XPH. All terms regarding Licensed Product sales, including terms respecting credit, pricing, cash discounts, rebates, chargebacks, bad debt write-offs, and other fees and charges, and returns and allowances shall be set solely by XPH.
Sales of Licensed Products by an Invoicing Entity to its Affiliate or a Sublicensee for resale by such Affiliate or Sublicensee will not be deemed Net Sales. Instead Net Sales will be determined based on the gross amount billed or invoiced by such Affiliate or Sublicensee upon resale of such Licensed Products to a third party purchaser.
Sales of Licensed Products. All sales of Licensed Products shall be made, recorded, invoiced and collected by XPH, its Affiliates and their respective Sublicensees. XPH agrees that it and its Affiliates will not grant any rights or permissions to any licensees, Sublicensees or distributors to directly or indirectly Commercialize Licensed Products in the Territory except in accordance with the terms of this Agreement. XPH agrees to (a) include such restriction in all (sub)licenses granted by XPH or its Affiliates, and (b) to require all (sub)licensees to include such restrictions in their (sub)licenses and distribution agreements. Upon notice from XPH of any unauthorized Commercialization of Licensed Products in the Territory, Athenex agrees to cooperate with XPH to determine the source of such violation and take reasonable corrective action including, if necessary, the enforcement of termination rights concerning the applicable Sublicensee or distributor. Subject to any limitations contained herein, XPH shall dictate terms respecting credit, cash discounts, rebates, chargebacks, bad debt write-offs, other fees and charges, and returns and allowances as they apply to sales of Licensed Products in the Territory; provided that, any discounts, allowances, credits, rebates and other deductions (including write offs for bad-debt) with respect to products sold by XPH shall be fairly and equitably allocated to the Licensed Products, and, to the extent applicable, other products or services of XPH, its Affiliates or Sublicensees such that the Licensed Products do not bear a disproportionate portion of such deductions. All other terms regarding Licensed Product sales, shall be as set forth in the Commercialization Plan or as otherwise agreed upon by the JSC.
Sales of Licensed Products. Company shall pay to Georgetown the following royalties on Net Revenues (the “Earned Royalty) as follows:
a. With respect to combined Sales of all Therapeutic, Diagnostic or Research Tool Licensed Product, the higher of either: [***] of Net Revenues received by Company for its Sales of Licensed Products or [***] of royalties received by Company from Sublicensee annually, if Sublicensee Sells Licensed Products.
b. For the purpose of calculating royalties due hereunder, in the event that a Licensed Product is sold as a Combination Product during a particular calendar quarter, Net Revenues from Sales of such Combination Product shall be calculated by multiplying the net revenues of the Combination Product by the fraction ‘A/(A+B)’, where ‘A’ is the average per unit sales price for such calendar quarter of the Licensed Product sold separately in the country of sale, and ‘B’ is the average per unit sales price for such calendar quarter of the other product(s) sold separately in the country of sale. If no separate sales are made of the Licensed Product and/or the other product(s) in the country of sale, separate sale prices in commensurate countries may be used instead. In the event that no separate sales are made of the Licensed Product and/or the other product(s), for the purpose of determining royalty payments under this Agreement, Net Revenues from Sales of a Combination Product shall be calculated using a method agreed upon in good faith by the parties. In no event, shall the royalties payable to Georgetown on Licensed Product sold as Combination Product be less than royalties payable to Georgetown on Licensed Product sold as stand-alone.
Sales of Licensed Products. Licensee shall be responsible for all sales of Licensed Products in the Territory. Licensee shall, in its sole discretion, set all terms regarding Licensed Product sales, including terms respecting credit, pricing, cash discounts, rebates, chargebacks, bad debt write-offs, and other fees and charges, and returns and allowances.
Sales of Licensed Products. A. During the term of this Agreement, RAW agrees that goods used in its production of Licensed Products shall be sold to Licensee at RAW's gross cost plus five percent (5%) and Licensee agrees to sell its finished Licensed Products to RAW at Licensee's gross cost plus five percent (5%), subject to availability and force majeure events (defined below).
B. Notwithstanding any contrary provision in this Agreement, (1) only Licensee may sell the Licensed Products, directly or indirectly, to Laticrete (and any affiliate, subsidiary and related company) in the continental United States for the duration of this Agreement and (2) only RAW may sell the Licensed Products, directly or indirectly, regardless of whether such sales occur in the Licensed Territory or elsewhere, to MAP I, Brick America, and Kingfisher Steel; and any of their affiliates, subsidiaries, related companies, and any of their projects, now or in the future, by, through or under the U.S. Army Corps of Engineers) (collectively, "RAW Customers"). It is expressly understood and agreed by Licensee that in the event. RAW solicits a bona fide third party customer to purchase the Licensed Products in the Licensed Territory or elsewhere, by its own initiative and is primarily responsible for introducing that customer, meaning it is the procuring cause for the new business relationship with that customer CRAW Commission Customer), then Licensee shall reward RAW for its efforts by paying a sales commission to RAW CRAW Fee") for the duration of this Agreement, as follows: RAW's Fee shall be based on a fixed percentage of Licensee's total sales of the Licensed Products to RAW Commission Customers in the Licensed Territory during a fiscal year, reduced by Licensee's selling price of timely product returns from the RAW Commission Customers and any sales rebates directly paid by Licensee to the RAW Commission Customers. If Licensee elects to pay a sales rebate to a RAW Commission Customer, that rebate must be computed under the exact formula offered by Licensee to its other customers who purchase Licensed Products in the Licensed Territory under a written and uniformly applied sales rebate program established by Licensee. The RAW Fee shall be computed, as follows: Up to $1,000,000 5% $1,000,001-$2,000,000 4% $2,000,001-$3,000,000 3% $3,000,001-$4,000,000 2% $4,000,001 and up 1% Licensee shall pay the total RAW Fee to RAW, no later than ninety (90) days following each fiscal year of Licensee's business operation...
Sales of Licensed Products. Upon termination in accordance with Section 6.03, 6.04 or 6.05, Novo Nordisk shall have the right, but not the obligation, for a period of [**] days following such early termination of this Agreement, to use or sell any Licensed Products in its or its Affiliates’ or Sublicensees’ inventory as of the date of early termination of this Agreement. Such sales shall be treated as Net Sales and provisions of Section 4.03 shall apply. Following such one hundred twenty day period, Novo Nordisk, its Affiliates and Sublicensees shall have no further right to use or sell Licensed Products and shall cease all use or sales of Licensed Products. Novo Nordisk’s obligation to pay a Know-How Royalty Rate to PCYC on Net Sales of Licensed Product pursuant to Section 4.03 shall survive any termination of this Agreement for convenience by Novo Nordisk under Section 6.05.
Sales of Licensed Products. All sales of Licensed Products shall be made, recorded, invoiced and collected by Athenex or its Affiliates or sublicensees. All terms regarding Licensed Product sales, including terms with respect to credit, pricing, cash discounts, rebates, chargebacks, bad debt write-offs, and other fees and charges, and returns and allowances shall be set solely by Athenex in accordance with reasonable industry standards.
