Commercial Overhead Charge definition
Commercial Overhead Charge means, [***].
Commercial Overhead Charge means, on a country-by-country basis in the Territory, beginning in the Contract Year of First Commercial Sale in the applicable country, an amount (agreed upon by the JFC at least eighteen (18) months prior to the Anticipated First Commercial Sale in the country) to cover [****************************************************], such amount to be determined by the JFC as of January 1 of each following Contract Year. For the avoidance of doubt, “Commercial Overhead Charge” shall not include any amounts included in Medical Affairs Cost, Sales Force Cost, Other Shared Expenses or Shared Promotion Expenses.
Commercial Overhead Charge means, on a country-by-country and year-by-year basis, beginning on the later of (a) the date of [***], or (b) [***], an amount to cover Kiniksa’s FTE Costs for Product management, contract administration, fleet administration, sales operations (e.g., physician targeting, commission administration), sales material fulfillment, advertising operations, convention planning, seeking Pricing Approvals, maintenance of Approvals, surveys (but only to the extent not required by a Regulatory Authority to obtain any Approval), registries (but only to the extent not required by a Regulatory Authority to obtain any Approval) and Commercial Clinical Studies, scientific publications, health outcomes, pricing and reimbursement activities, procurement services, customer service, patient assistance programs, and trade administration, in each case, to the extent attributable to the Commercialization of a Product in the Kiniksa Field in such country and not included in Field Force Costs, Other Shared Expenses, or otherwise in Shared Commercial Expenses. For the avoidance of doubt, the Commercial Overhead Charge shall not include the costs of personnel for personnel functions not directly involved in the Commercialization of a Product.
Examples of Commercial Overhead Charge in a sentence
The JSC shall approve the Commercial Overhead Charge at least [***] prior to the anticipated Marketing Approval in such country or Region.
Kiniksa shall develop, and, with sufficient time to meet the requirements set forth in the next sentence, submit to the JSC for its review, discussion, and approval pursuant to Section 4.1.3(h) (Duties of the JSC) an initial Commercial Overhead Charge for each country or Region, which Commercial Overhead Charge will be applied on a quarterly basis in connection with the preparation of the Profit Payment Report in accordance with Section 9.4.1 (Periodic Reports).
For each upcoming Contract Year during the Term, Kiniksa shall develop an annual update to the Commercial Overhead Charge for each country or Region, and submit such updated amount to the JSC for its review and approval no later than September 30 of the then-current Contract Year pursuant to Section 4.1.3(h) (Duties of the JSC).
More Definitions of Commercial Overhead Charge
Commercial Overhead Charge in Section 1.20 of the IO LCA is hereby amended by deleting the last sentence of such definition and replacing it with the following: “For the avoidance of doubt, ‘Commercial Overhead Charge’ shall not include any amounts otherwise included in Shared Commercial Expenses (unless included solely pursuant to clause (i) thereof) or Other Shared Expenses.”
Commercial Overhead Charge means, on a country-by-country and Licensed Product-by-Licensed Product basis in the Territory, beginning in the Contract Year of First Commercial Sale in the applicable country, an amount (agreed upon by the JFC at least six (6) months prior to the Anticipated First Commercial Sale in the country) to cover ***************, such amount to be determined by the JFC as of January 1 of each following Contract Year. For the avoidance of doubt, "Commercial Overhead Charge" shall not include any amounts included in Medical Post-Approval Cost, Sales Force Cost, Other Shared Expenses or Shared Commercial Expenses.
Commercial Overhead Charge means, on a country-by-country basis in the Territory, beginning on the First Commercial Sale in the applicable country, an amount (agreed upon by the JFC at least eighteen (18) months prior to the Anticipated First Commercial Sale in the country) to [***********], such amount to be determined by the JFC as of January 1 of each following Contract Year. For the avoidance of doubt, “Commercial Overhead Charge” shall not include any amounts included in Company HQ Costs, Medical Affairs Cost, Sales Force Cost, or Other Shared Expenses or any other amounts included in Shared Promotion Expenses (other than Commercial Overhead Charge). Unless otherwise agreed by the JFC and JCC, the Commercial Overhead Charge shall be a fixed amount for each Contract Year. Notwithstanding the foregoing, the Parties shall have the right to mutually agree to adjust the Commercial Overhead Charge once in a given Contract Year for a given country to reflect unforeseen circumstances.
Commercial Overhead Charge means, on a country-by-country and Licensed Product-by-Licensed Product basis in the Territory, beginning in the Contract Year of First Commercial Sale in the applicable country, an amount (agreed upon by the JFC at least six (6) months prior to the Anticipated First Commercial Sale in the country) to cover Sanofi's or Regeneron's, if applicable, internal costs of ***************************** and other administrative costs to the extent attributable to the Commercialization of the applicable Licensed Product in the Field in such country, such amount to be determined by the JFC as of January 1 of each following Contract Year. For the avoidance of doubt, "Commercial Overhead Charge" shall not include any amounts included in Medical Post-Approval Cost, Sales Force Cost, Other Shared Expenses or Shared Commercial Expenses.
Commercial Overhead Charge means[***].
Commercial Overhead Charge shall not include any amounts included in Medical Post-Approval Cost, Sales Force Cost, Other Shared Expenses or Shared Commercial Expenses.