Commercialization Costs definition
Commercialization Costs means the costs and expenses incurred by a Party [***]the Commercialization of the Product [***].
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
All freight, insurance, duties and all other charges associated with shipment of the Collaboration Products shall be considered Commercialization Costs for such Collaboration Products only to the extent such costs are not charged to Genzyme's customers.
After the Lightlake Cost Cap has been reached, Adapt shall be responsible for one hundred percent (100%) of all Development Costs, Regulatory Costs and Commercialization Costs.
Alimera shall be solely responsible for Alimera Patent Costs and such costs shall be neither Direct Development Costs nor Direct Commercialization Costs.
Each Party shall maintain complete and accurate records in sufficient detail to permit the other Party to confirm the accuracy of the amount to be reimbursed, pursuant to Section 8.2, with respect to Development Costs or Commercialization Costs or other amounts to be reimbursed or shared hereunder incurred or generated (as applicable) by such Party, achievement of sales milestones, royalty payments and other compensation payable under this Agreement.
Alimera shall prepare a budget (“Commercialization Budget”) that shall set forth, on a rolling two (2) year basis, the projected sales and the projected Direct Commercialization Costs broken down on a calendar quarter-by-quarter and Product-by-Product basis.
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 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 (a) all costs incurred in the performance of the Parties’ activities under the Commercialization Plan, in each case to be incurred by a Party as set forth in the Commercialization Plan and Commercialization Budget (or constituting a permitted overage thereto thereunder), and all non-creditable and non-recoverable Indirect Taxes and duties, or (b) other costs approved by the JSC as Commercialization Costs (i) prior to the date on which the Commercialization Plan and the initial Commercialization Budget are approved by the JSC or (ii) as part of Commercialization Budget. Notwithstanding the foregoing, Commercialization Costs will not include Development Costs. For clarity, Third Party costs included in Commercialization Costs shall be billed directly without markup.
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:
(a) Expenses incurred in connection with the [***];
(b) Expenses incurred to conduct [***];
(c) [***] representing the [***] as defined in the [***], in each case, to the extent directly attributable to [***];
(d) Expenses identifiable to the [***], in each case, to the extent incurred specifically with respect [***];
(e) Expenses incurred in connection with the [***];
(f) Expenses directly associated with [***], in each case, that are incurred with respect to a [***];
(g) [***];
(h) Expenses reasonably necessary and identifiable to the [***] with respect to: [***];
(i) [***]; and
(j) any other Expenses approved by the JCC and included in the Commercialization Budget that are not otherwise included in any other Commercialization Cost category. Commercialization Costs will exclude [***].
Commercialization Costs with respect to a Collaboration Product shall mean the variable costs and fixed costs incurred by the Parties or by Kallikrein LLC 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, 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 1.4, "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. For purposes of Section 1.4, "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 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 the 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. Commercialization Costs shall exclude all costs otherwise reimbursed pursuant to this Agreement. All cost determinations made hereunder shall be made in accordance with GAAP.