Common use of SELFCARE AFFILIATES Clause in Contracts

SELFCARE AFFILIATES. (a) All costs, expenses, revenues and proceeds incurred or received by any Selfcare Affiliate shall be deemed to be incurred or received by Selfcare for purposes of all financial calculations and obligations under this Agreement. Notwithstanding any other terms of this Agreement, the Parties agree that all payments due from Selfcare to ChemTrak hereunder shall be made by Selfcare and not any Selfcare Affiliate. (b) The Parties agree that the goals with respect to non-U.S. income or withholding tax liability shall be to minimize the aggregate amount of non-U.S. income and withholding tax liabilities incurred by the Parties collectively with respect to commercialization of the HIV Product in the Territory, and to allocate such tax burdens equally between the Parties as provided herein. In that regard: (i) If any non-U.S. income or withholding tax liability is incurred by either Party with respect to operations conducted pursuant to this Agreement (e.g., such Party could not avoid the tax liability by applying current operating losses or net operating loss carryforwards resulting from operations related to the sale of the HIV