Territory A - Booking sales Sample Clauses

Territory A - Booking sales. Genmab and its Affiliates shall book all sales of the [*] Product in Territory A. Responsibility for booking sales of all other Licensed Products in Territory A shall [*], such that (A) [*] and its Affiliates shall book all sales of the [*] Licensed Product (other than the [*] Product) for which there is a First Commercial Sale in any country in Territory A, (B) [*] and its Affiliates shall book all sales of the [*] Licensed Product after the Licensed Product referred to in (A) for which there is a First Commercial Sale in any country in Territory A, [*]. To the extent not inconsistent with any other provision in this Agreement, the allocation of responsibilities and ​ [*] = Certain information contained in this document, marked by brackets, has been omitted because it is both not material and is the type of information that we treat as private or confidential. ​ ​ activities under the Global Commercialization Plans shall be made in a manner that permits the applicable booking Party (pursuant to the foregoing sentence of this clause 7.7.1) to book all sales of the applicable Licensed Product in Territory A in accordance with GAAP. If a non-booking Party receives any orders for a Licensed Product in Territory A, then it shall refer such orders to the booking Party. Notwithstanding any provision in this Agreement to the contrary, rights accorded to Genmab under clauses 6 and 7 in its capacity as the entity booking sales for a Licensed Product in Territory A shall be deemed to refer to Licensee in those circumstances where Licensee is the entity booking sales for that Licensed Product in Territory A pursuant to this clause (and rights accorded to Licensee under clauses 6 and 7 in its capacity as the entity not booking sales for a Licensed Product in Territory A shall be deemed to refer to Genmab in those circumstances where Genmab is the entity not booking sales for that Licensed Product in Territory A pursuant to this clause).
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Related to Territory A - Booking sales

  • Net Sales The term “

  • Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Territory The territorial limits of this Agreement shall be identical with those of the Reinsured Contracts.

  • Manufacture of Product Prior to commercialization of the Product, the Parties may, if appropriate for both parties, negotiate in good faith a manufacturing and supply agreement to provide for Licensor to fulfill the manufacturing requirements of Licensee for Product for sale in the European market. The cost of such manufacturing shall not be greater than * percent (*%) of the cost of any competitor cGMP contract manufacturing facility that proposes to manufacturer the Product for Licensee. * Confidential information has been omitted and filed confidentially with the Securities and Exchange Commission.

  • Combination Product The term “

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

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