Commercial Expenses definition
Commercial Expenses means Marketing Expenses (as defined ------------------- herein) and Sales Force Costs (as defined herein) in any country in the Territory.
Commercial Expenses means, with respect to the applicable Calendar Quarter, the sum of the following costs and expenses (each of which is specified below) incurred by the Parties and their Affiliates after the Execution Date, in each case to the extent directly attributable to the Commercialization of Product in the Field in the Territory in such Calendar Quarter in accordance with the Commercialization Plan and the Commercialization Budget, excluding the Cost of Goods for Product used in conducting or performing such activities, calculated on a fully burdened basis (i.e., Commercial Expenses shall include Allocable Overhead specifically attributable thereto):
(a) Advertising;
(b) Distribution;
(c) Education;
Commercial Expenses means those expenses incurred for the purpose of the Commercialization of the Finished Product which are consistent with the budget set forth in the Commercialization Plan and are specifically attributable to the Commercialization of Finished Products, and shall consist of (i) Cost of Goods Sold, (ii) Pre-Marketing Expenses, (iii) Marketing Expenses, (iv) Distribution Expenses, (v) Clinical Phase IV and Related Expenses, (vi) Regulatory Expenses, (vii) the Launch Expenses, (viii) Medical Science Liaison Expenses, and (ix) amounts paid to Third Party licensors as described in Section 8.4 (as such terms are defined in Exhibit H). Commercial Expenses shall exclude Development Expenses, even if incurred after the first commercial launch of a Finished Product, and shall exclude any costs that are deductible from Net Sales under the definition thereof (e.g., distributor fees). For avoidance of doubt, any cost deducted in the calculation of Net Sales shall not be included in the calculation of the Commercial Expenses.
Examples of Commercial Expenses in a sentence
If UNICEF becomes aware of any Unusual Commercial Expenses, the Contract may be terminated by UNICEF.
The execution of the Services shall not give rise to Unusual Commercial Expenses being incurred by the Contractor, the Personnel and/or the Affiliates.
All royalties, milestones, and other payments due to Third Parties pursuant to the Future Third Party License Agreements with respect to the Development and Commercialization of the Product in the U.S. shall be included in the Commercial Expenses.
The US JSC shall coordinate with the Finance Subcommittee to develop mutually acceptable policies and procedures under which the Parties will exchange financial information in order to determine the allocation and reimbursement of Commercial Expenses and the U.S. Product Profit in accordance with Section 8.4 of the Collaboration Agreement.
Each Party shall maintain complete and accurate financial records in sufficient detail to permit the other Party to confirm the accuracy of the calculation of Commercial Expenses, U.S. Product Profit and any other payments to the other Party under this Agreement.
More Definitions of Commercial Expenses
Commercial Expenses shall have the meaning set forth in Section 1.16 of the Collaboration Agreement.
Commercial Expenses means those expenses incurred for the purpose of the Commercialization of the Finished Product in the U.S. which are consistent with the budget set forth in the U.S. Commercialization Plan and are specifically attributable to the Commercialization of Finished Products in the U.S., and shall consist of (i) Cost of Goods Sold, (ii) Pre-Marketing Expenses, (iii) Marketing Expenses, (iv) Distribution Expenses, (v) Clinical Phase IV and Related Expenses, (vi) Regulatory Expenses, (vii) the Launch Expense Allowance, (viii) Medical Science Liaison Expenses, and (ix) amounts paid to Third Party licensors as described in Section 8.6 (as such terms are defined in Exhibit J). Commercial Expenses shall exclude Development Expenses, even if incurred after the first commercial launch of a Finished Product in the U.S., and shall exclude any costs that are deductible from Net Sales under the definition thereof (e.g., distributor fees). For avoidance of doubt, any cost deducted in the calculation of Net Sales shall not be deducted in the calculation of the Commercial Expenses.
Commercial Expenses means PAR's or REDDY's, as the case may be, commercially reasonable costs and expenses for marketing, advertising, promoting, and selling (including but not limited to costs and expenses for launch, sales force training and materials, samples, conventions, symposia, marketing, direct mailing, marketing research, public relations, printed materials, medical information, regulatory activities and distribution) each Reddy Finished Product or Par Finished Product, determined in accordance with PAR's or REDDY's customary accounting policies and practices and in a manner consistent with U.S. generally accepted accounting principles.
Commercial Expenses means commercially reasonable costs and expenses related solely to marketing (including promotional activities, symposia, and the like), selling and distributing the Product that are incurred by Par. Commercial Expenses shall not exceed five (5) percent of Net Sales.
Commercial Expenses means direct labor plus commercially reasonable out-of-pocket costs and expenses calculated in accordance with GAAP (defined below) related to marketing, selling and distributing Product and costs associated with advertising, training, samples, white papers, symposia, posters and the like, including, for example, sales force costs, and recall costs, but which shall not include freight expenses, general corporate and other overhead.
Commercial Expenses means [***]:
1.18.1 [***]
1.18.2 [***]
1.18.3 [***]
1.18.4 [***]
1.18.5 [***]
1.18.6 [***]
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1.18.9 [***]
1.18.10 [***] ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
1.18.11 [***]
1.18.12 [***] and
1.18.13 [***] but specifically excluding [***]
Commercial Expenses means the commercially reasonable costs and expenses for marketing, advertising, promoting, and selling a Finished Dosage Form Product (including but not limited to costs and expenses for launch, sales force training and materials, samples, conventions, symposia, marketing, direct mailing, marketing research, public relations, printed materials, medical information, regulatory activities and distribution), determined in accordance with the customary accounting policies and practices of the party incurring such expenses and in a manner consistent with GAAP. Notwithstanding anything to the contrary contained herein, in calculating Commercial Expenses, the parties hereto shall not allocate commercial expenses for multiple products which include such Finished Dosage Form Product to such Finished Dosage Form Product in a manner that results in a disproportionate allocation of such expenses to such Finished Dosage Form Product.