Common use of Sales; Pricing Clause in Contracts

Sales; Pricing. Novartis shall book all sales of the Product in the Territory, and shall be responsible for the pricing of the Product, including, but not limited to, the timing of pricing changes and any discounting, shall be at Novartis’ sole discretion; provided, however, that in establishing the price of the Product, Novartis will attempt to price the Product in such a way as to ensure that it remains competitive in the marketplace; and provided, further, that the Product will not be bundled or integrated with other products or services in a way which does not result in the Product being sold for its fair arm’s length market value. Reliant will be notified by Novartis of any price changes prior to such changes becoming effective. During the Term, Novartis will notify Reliant promptly, but in any event at least seven (7) business days prior to the effective date of any new pricing for the Product. With regard to managed care/institutional contracting, Novartis’ obligation under the preceding sentence shall be discharged when Novartis provides to the Marketing Committee the range of discounted pricing that its National Account Managers are authorized to provide to managed care and other institutional customers.

Appears in 5 contracts

Samples: Promotion Agreement (Reliant Pharmaceuticals, Inc.), Promotion Agreement (Reliant Pharmaceuticals, Inc.), Promotion Agreement (Reliant Pharmaceuticals, Inc.)

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