Commercialization Costs means the sum of the following costs and expenses incurred by the Parties or their respective Affiliates, in Commercializing the Shared Products (and related Manufacturing activities) in the Territory, in each case, to the extent incurred in accordance with the Commercialization Plan and Commercialization Budget:
Commercialization Costs means the out-of-pocket costs and expenses incurred by Adapt or its Affiliates directly attributable to, or reasonably allocable to, the Commercialization of a Product. Commercialization Costs for a Product shall include, preparation of promotional, advertising, communication, medical, and educational materials relating to the Product and other Product literature and selling materials, activities directed to marketing of the Product, including purchase of market data, development and conduct of market research, advertising, public relations, public affairs and other communications with Third Parties regarding the Product; development and conduct of sales force training (including materials, programs and travel to and attendance at training programs) for medical representatives responsible for promoting the Product; and development and maintenance of sales bulletins, call reporting and other monitoring/tracking, sales force targeting, validation and alignment programs and documentation.
Commercialization Costs means all costs incurred by or on behalf of FibroGen that are directly and reasonably allocable to the conduct of activities allocated to FibroGen under the U.S. Commercialization Plan or Co-Commercialization Agreement for the Commercialization of Products in the U.S.
Examples of Commercialization Costs in a sentence
For the avoidance of double-counting, the Parties acknowledge and agree that Commercialization Costs shall not include Development Costs for purposes of calculating Operating Profit (or Loss) in accordance with Section 7.2 (Operating Profit or Loss) and, likewise, that any amounts included in Commercialization Costs shall not be included in Development Costs.
If the Parties (directly or through the JCC) cannot agree, even after the escalation steps in Section 2.2.4 (Decision Making), on a Commercialization Budget or certain Commercialization Costs within the Commercialization Budget, then for any proposed Commercialization Costs which have not been agreed upon, a Party may incur (at its own risk and cost) such Commercialization Costs to Commercialize the Product in the Field in its applicable Licensed Territories and such costs shall [*].
Commercialization Costs shall be addressed as set forth in Section 7.2 (Operating Profit (or Loss)).
More Definitions of Commercialization Costs
Commercialization Costs with respect to a Collaboration Product shall mean the variable costs and fixed costs properly incurred by the Parties with respect to work performed by the Parties and their Affiliates and subcontractors in connection with the performance of the Commercialization Plan for such Collaboration Product, including without limitation (a) the Fully Absorbed Cost of Goods incurred in connection with the production of Collaboration Products in bulk active ingredient and in finished dosage form, including without limitation the performance of assay and purification work, for use in connection with the performance of the Commercialization Plan, (b) sales and marketing costs related to performing market research, advertising, producing promotional literature, sponsoring seminars and symposia, training, originating sales, providing reimbursement and other patient support services, and (c) ordinary marketing and distribution expenses, including without limitation recruitment costs and salaries and associated expenses for sales and marketing personnel and support staff, advertising and promotion costs, transportation expenses, including insurance (but only to the extent not charged to customers and only such proportion of all such costs directly attributable to support of the Commercialization Plan), irrecoverable duties and taxes, bad debt expense, and costs associated with cash and other trade discounts and allowances and other marketing concessions to customers actually allowed and taken. For the avoidance of doubt, Commercialization Costs shall exclude any transfer pricing adjustments or taxes payable by a Party to one of its Affiliates in connection with such Affiliates’ performance of activities under a Commercialization Plan. For purposes of this Section 1.15, “variable costs” shall be deemed to be the cost of labor, raw materials, supplies and other resources directly consumed in the conduct of the Commercialization Plan and manufacture of Collaboration Product for use in commercialization activities, as well as royalties payable to Third Parties (with such royalty obligations in existence as of the Effective Date being set forth in Schedule 1.15), to the extent not included in Development Costs or Fully Absorbed Cost of Goods. For purposes of this Section 1.15, “fixed costs” shall be deemed to be the cost of facilities, utilities, insurance, facility and equipment depreciation and other fixed costs directly related to the conduct of the Commercialization Plan a...
Commercialization Costs means [***]:
Commercialization Costs means expenses identifiable to marketing, promoting, selling and distributing the HIV Product in the Territory and performing testing, reporting and counseling services incident to the sale of HIV Products, specifically including expenses of advertising the HIV Product, specialized training of the sales force with respect to the HIV Product in particular, salaries and commissions of the sales force to the extent time is dedicated to the HIV Product, costs of financing receivables and inventories of the HIV Product, costs of shipping and insuring Sample Collection Kits from ChemTrak to Selfcare, reasonable allocation of overhead identifiable to such activities, all recurring and annual regulatory fees and expenses, costs of pursuing and maintaining trademark protection in the Territory pursuant to Section 9.1, and such other expenses as the Parties may agree in writing to include as Commercialization Costs. All such costs shall be determined in accordance with generally accepted accounting principles consistently applied. "Commercialization Costs" shall specifically exclude expenses deducted from gross invoices under the definition of "Net Sales," the Purchase Price paid to ChemTrak for Sample Collection Kits, the license fee and milestone payments made by Selfcare to ChemTrak under this Agreement, and costs of establishing Regulatory Approvals for the HIV Product and the Testing Facilities and Counseling Service in advance of commercial sales.
Commercialization Costs shall specifically exclude expenses deducted from gross invoices under the definition of "Net Sales," the Purchase Price paid to ChemTrak for Sample Collection Kits, the license fee and milestone payments made by Selfcare to ChemTrak under this Agreement, and costs of establishing Regulatory Approvals for the HIV Product and the Testing Facilities and Counseling Service in advance of commercial sales.
Commercialization Costs means those costs and expenses incurred by a Party or for its account in the Commercialization of Product consistent with the Commercialization Plan, calculated in accordance with Section 4.4.
Commercialization Costs means all costs incurred by or on behalf of a Party in performing its obligations under the then-current Commercialization Plan that are directly attributable and reasonably allocated to the Commercialization of a Collaboration Product in the Field in the Territory. [ * ], Commercialization Costs shall consist of: (a) Manufacturing Costs for a Collaboration Product for commercial sale; (b) Sales and Marketing Costs; (c) costs associated with Medical Education Activities incurred after the First Commercial Sale of the applicable Collaboration Product, and other ancillary services to the foregoing; (d) Distribution Costs; (e) subject to Section 8.7, payment to a Third Party under a Future Third Party License incurred after the First Commercial Sale of the applicable Collaboration Product; (f) Trademark Costs incurred after the First Commercial Sale of the applicable Collaboration Product; (g) patent costs described in Section 10.3(b)(i); and (h) patient assistance and indigent/expanded access programs with respect to a Collaboration Product. Commercialization Costs shall specifically exclude general corporate and administrative overhead of each Party. In the calculation of Commercialization Costs, a Party’s FTE effort shall be calculated at the FTE Rate. Commercialization Costs shall be calculated in accordance with GAAP, consistently applied with allocations by a Party calculated in accordance with a methodology [ * ] (which methodology shall be consistent with GAAP) and based upon [ * ] by [ * ] (i.e., not to [ * ] costs to [ * ] of [ * ] when [ * ] to [ * ] costs for [ * ] of [ * ]).
Commercialization Costs with respect to a Collaboration Product ----------------------- shall mean the variable costs and fixed costs incurred by BioMarin/Genzyme LLC with respect to work performed by the Parties and their Affiliates and subcontractors in connection with the performance of and in accordance with the Commercialization Plan for such Collaboration Product, including without limitation, sales and marketing costs related to performing market research, post-marketing studies, advertising, producing promotional literature, sponsoring seminars and symposia, sales training meetings and seminars, originating sales, providing reimbursement and other patient support services and such other expenses described in Section 6.4 hereof. For purposes of this Section 1.9, "variable costs" shall be deemed to be the cost of labor, raw -------------- materials, supplies and other resources directly consumed in the conduct of the Commercialization Plan and manufacture of Collaboration Product for use in commercialization activities, as well as amounts paid to Third Parties under a Third Party Agreement as a result of performance of the Commercialization Plan, to the extent not included in Development Costs or Fully Absorbed Cost of Goods. For purposes of this Section 1.9, "fixed costs" shall be deemed to be the cost ----------- of facilities, utilities, insurance, equipment depreciation and other fixed costs directly related to the conduct of and in accordance with the Commercialization Plan and the manufacture of Collaboration Product for use in commercialization activities, allocated based upon the proportion of such costs directly attributable to support or performance of the Commercialization Plan and the manufacture of Collaboration Product for use in commercialization activities or by such other method of cost allocation as may be approved by the Steering Committee. All cost determinations made hereunder shall be made in accordance with GAAP.