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)
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 β Yield Tolerance) β AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Akebia Therapeutics, Inc.), Product Agreement (Keryx Biopharmaceuticals Inc)