Average Net Sales Price means (x) the average Net Sales Price (as calculated for transfers under subsection (a) of this clause), over the one-year period preceding the date of transfer that is within subsection (b) of this clause, of the same type and model of product (as the case may be) and in the same country as such transferee; (y) if such one-year average Net Sales Price data is unavailable, then the Licensee’s, Affiliate’s, or distributor’s published list price of such product for end users in such country as the transferee; or (z) if data is unavailable under part (x) or (y), then the fair market value (with reference to the sales price of comparable products).
Average Net Sales Price means (A) the average of Net Sales Price for transfers under Section 1.14(a) over the one year period preceding the date of transfer that is within this Section 1.14(c) of the same type and model of Licensed Product and in the same country as such transferee; (B) if such one-year average Net Sales Price data is unavailable, then the seller’s (Licensee or its Affiliate) published end user list price of such Licensed Product for end users in such country as the transferee; or (C) if data is unavailable under part (A) or (B), then the fair market value (with reference to the sales price of comparable products).
Average Net Sales Price for a product in each country means Inverness's, or any Inverness affiliate's, actual Net Sales for such product in such country during a calendar quarter divided by the total number of units of such product sold in such country during such calendar quarter.
Examples of Average Net Sales Price in a sentence
If Inverness's Average Net Sales Price for that Product in that country during any calendar quarter during the Royalty Term for such country is *, then the royalty payable for each such Product Sold during such calendar quarter would be equal to the Minimum Royalty Value for such Product in such country plus *.
By way of example, if Inverness's Average Net Sales Price of a Product in a given country in any calendar quarter during the Royalty Term for such country is less than *, then the royalty payable for each such Product Sold during such calendar quarter would be equal to the Minimum Royalty Value for such Product in such country.
If the Actual Average Net Sales Price is less than the Projected Average Net Sales Price, no adjustment shall be made.
Notwithstanding anything to the contrary contained in this Agreement, the Projected Average Net Sales Price for the Product shall not be less than the Minimum Projected Average Net Sales Price unless the Parties meet, confer and agree on a different Projected Average Net Sales Price.
Thermal Cycler Supplier shall pay for such an instrument based on the Average Net Sales Price when it is first put into use as a loaner or demonstration instrument.
More Definitions of Average Net Sales Price
Average Net Sales Price means the average net sales price of a particular Product in the Territory, calculated on a monthly basis, by dividing the Net Sales of the Product in the Territory effected in a particular calendar month by the number of patient doses of the Product accounting for the Net Sales in such calendar month.
Average Net Sales Price means
Average Net Sales Price means the mean Net Sales Price of Straight Sales of the Licensed Products to third parties in the same country or region during the reporting period, but not less than the minimum amount specified below. Countries and regions, and applicable minimum amounts of Average Net Sales Price for each are: United States of America, [***] US dollars United Kingdom, [***] British pounds Europe outside the United Kingdom, [***] Euros Canada, [***] US dollars Mexico, Central America, South America, and the Caribbean, [***] US dollars Middle East, [***] Euros Africa, [***] Euros Australia and New Zealand, [***] US dollars Asia, [***] Euros
Average Net Sales Price means Abbott's actual Net Sales (as hereinafter defined) for Product (as hereinafter defined) sold divided by the total number of units of such Product sold during a given Calendar Quarter (as hereinafter defined).
Average Net Sales Price means the average invoice price of all Net Sales in which the Licensed Product was sold worldwide in full commercial sales during the particular calendar year, it being understood that such sales shall not include units distributed as samples, for use in clinical trials or in any other manner other than a full commercial sale; and "average cost of goods" shall mean the average cost of goods of the Licensed Product units included in the calculation of Average Net Sales Price.
Average Net Sales Price shall apply to performance of a Licensed Assay utilizing a Licensed Product in a country or region (as specified below), when there are any Straight Sales of Licensed Products that are distributed to third parties in that country or region in a reporting period. “Average Net Sales Price” shall mean the Net Sales Price of Straight Sales of the Licensed Products to third parties in the same country or region during the reporting period, but not less than the minimum amount specified below. Countries and regions and applicable minimum amounts of Average Net Sales Price for each are: United States of America, [***] US dollars United Kingdom, [***] British pounds Europe outside the United Kingdom, [***] Euros Canada, [***] US dollars Mexico, Central America, South America, and the Caribbean, [***] US dollars Middle East, [***] Euros Africa, [***] Euros Australia and New Zealand, [***] US dollars Asia, [***] Euros
Average Net Sales Price shall apply to performance of a Licensed Assay utilizing a Licensed Product in a country or region (as specified below) only when Straight Sales of Licensed Products that are distributed to third parties in that country or region in a reporting period constitute at least [***] percent ([***]%) of the total number of (i) Licensed Products that are distributed to third parties and (ii) Licensed Products that are used in Licensed Assays performed by OXFORD IMMUNOTEC and its Affiliates in that country or region in the reporting period. “Average Net Sales Price” shall mean the mean Net Sales Price of Straight Sales of the Licensed Products to third parties in the same country or region during the reporting period, but not less than the minimum amount specified below. Countries and regions, and applicable minimum amounts of Average Net Sales Price for each are: United States of America, [***] US dollars United Kingdom, [***] British pounds Europe outside the United Kingdom, [***] Euros Canada, [***] US dollars Mexico, Central America, South America, and the Caribbean, [***] US dollars Middle East, [***] Euros Africa, [***] Euros Australia and New Zealand, [***] US dollars Asia, [***] Euros