Common use of Shortfall Credit Calculation Clause in Contracts

Shortfall Credit Calculation. If the Actual Annual Yield falls more than [**] percent ([**]%) below the respective Target Yield in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows: Shortfall Credit = [**]

Appears in 2 contracts

Samples: Product Agreement (La Jolla Pharmaceutical Co), Product Agreement (Tetraphase Pharmaceuticals Inc)

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Shortfall Credit Calculation. If the Actual Annual Yield falls more than [**] percent the Yield Tolerance ([**]%set forth in the Product Agreement) below the respective Target Yield in a YearYield, then the shortfall for the Year (the "Shortfall") will be calculated as follows: Shortfall Credit = [**](Target Yield – Yield Tolerance) – AAY] * Active Materials Credit Value * Quantity Dispensed

Appears in 2 contracts

Samples: Master Manufacturing Services Agreement (Akebia Therapeutics, Inc.), Product Agreement (Keryx Biopharmaceuticals Inc)

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