Common use of Unlicensed Competition Clause in Contracts

Unlicensed Competition. If in any country a Third Party sells a pharmaceutical product which is a "generic version" of a Drug Product being sold in that country (a "Third Party Product") -- where "generic version" means a pharmaceutical product (other than a product originally sold as a Drug Product) that includes the same active ingredient as that used in a Drug Product-- then for the period in which the sales of such Third Party Product in such country are at least [***], the royalties payable to VERTEX by NOVARTIS on sales of such Product in such country for such period shall be [***] in Section 6.3 , but in no event shall the royalties owed for such Drug Product in such country, when combined with any royalty reduction provided under Section 6.3.1 hereof, reduce the royalties payable on Net Sales of such Drug Product in that country by more than [***]

Appears in 1 contract

Samples: Research and Early Development Agreement (Vertex Pharmaceuticals Inc / Ma)

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Unlicensed Competition. If in any country a Third Party sells a pharmaceutical product which is a "generic version" of a Drug Product being sold in that country (a "Third Party Product") -- where "generic version" means a pharmaceutical product (other than a product originally sold as a Drug Product) that includes the same active ingredient as that used in a Drug Product-- Product -- then for the period in which the sales of such Third Party Product in such country are at least [***], the royalties payable to VERTEX by NOVARTIS on sales of such Product in such country for such period shall be [***] in Section 6.3 , but in no event shall the royalties owed for such Drug Product in such country, when combined with any royalty reduction provided under Section 6.3.1 hereof, reduce the royalties payable on Net Sales of such Drug Product in that country by more than [***]

Appears in 1 contract

Samples: Research and Early Development Agreement (Vertex Pharmaceuticals Inc / Ma)

Unlicensed Competition. If in any country a Third Party sells a pharmaceutical product which is a "generic version" “Generic Version” of a Drug Product being sold in that country (a "Third Party Product") -- where "generic version" Product”)—where “Generic Version” means a pharmaceutical product (other than a product originally sold as a Drug Product) that includes the same active ingredient as that used in a Drug Product-- Product—then for the period in which the unit sales of such Third Party Product in such country are at least [***]* , the royalties payable to VERTEX Vertex by NOVARTIS Avalon on sales of such Product in such country for such period shall be [***] * of the royalties provided in Section 6.3 6.3, but in no event shall the royalties owed for such Drug Product in such countrycountry be reduced by more than * , when combined with any or result in a net royalty reduction provided under Section 6.3.1 hereof, reduce the royalties rate payable on Net Sales of such Drug Product in that such country by more of less than [***]* .

Appears in 1 contract

Samples: License, Development and Commercialization Agreement (Avalon Pharmaceuticals Inc)

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Unlicensed Competition. If in any country a Third Party sells a pharmaceutical product which is a "generic version" “Generic Version” of a Drug Product being sold in that country (a "Third Party Product") -- where "generic version" Product”)—where “Generic Version” means a pharmaceutical product (other than a product originally sold as a Drug Product) that includes the same active ingredient as that used in a Drug Product-- Product—then for the period in which the unit sales of such Third Party Product in such country are at least [***], the royalties payable to VERTEX Vertex by NOVARTIS Avalon on sales of such Product in such country for such period shall be [***] * of the royalties provided in Section 6.3 6.3, but in no event shall the royalties owed for such Drug Product in such countrycountry be reduced by more than *, when combined with any or result in a net royalty reduction provided under Section 6.3.1 hereof, reduce the royalties rate payable on Net Sales of such Drug Product in that such country by more of less than [***].

Appears in 1 contract

Samples: License Agreement (Avalon Pharmaceuticals Inc)

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