Sales of Product Under Reliant’s NDC Number Sample Clauses

Sales of Product Under Reliant’s NDC Number. Reliant will process and be responsible for fulfillment of all reporting requirements and payment of all rebates owed under all federal and state government rebate programs, including Medicaid/Medicare rebates (collectively, “Rebate Programs”), in each case, related to Product sold under Reliant’s NDC Number, regardless of whether such Product was sold by Reliant or Oscient; provided, however, that Oscient will pay to Reliant (by wire transfer of immediately available funds to an account designated by Reliant) (i) within one-hundred and twenty (120) days of the Closing Date, five percent (5%) of the gross amount invoiced by Oscient during the first ninety (90) days following the Closing Date for Product bearing Reliant’s NDC Number (without regard to whether such customers have paid such invoices) and (ii) within thirty (30) days of the end of each calendar quarter thereafter, five percent (5%) of the gross amount invoiced by Oscient during such calendar quarter for Product bearing Reliant’s NDC Number (without regard to whether such customers have paid such invoices). Notwithstanding anything to the contrary in the foregoing, the Parties acknowledge and agree that nothing in this Section 7.9(a) is intended to result in a net profit or loss for either Party in respect of the matters covered in this Section 7.9(a).