Comparable Third Party Product Competition definition

Comparable Third Party Product Competition means, with respect to a Therapeutic Product in any country in the Territory in a given Calendar Quarter, that, during such Calendar Quarter: (a) one or more Comparable Third Party Product(s) is commercially available in such country; and (b) such Comparable Third Party Product(s) have a market share of [**] percent ([**]%) or more of the aggregate market in such country of such Therapeutic Product and the Comparable Third Party Product(s) collectively (based on sales of units of such Therapeutic Product and such Comparable Third Party Product(s), as reported by IMS International, or if such data are not available, such other reliable data source as reasonably determined by EPIZYME and EISAI). As used herein, a “unit” of a product means the equivalent amount of product used for an equivalent treatment cycle of such product.
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Comparable Third Party Product Competition means, with respect to a Licensed Product in any country in a given Calendar Quarter, that, during such Calendar Quarter: (a) one or more Comparable Third Party Product(s) is commercially available in such country; and (b) such Comparable Third Party Product(s) has a market share of: (i) [**] percent ([**]%) to less than [**] percent ([**]%), or (ii) [**] percent ([**]%) or more, in each case, of the aggregate market in such country of such Licensed Product and the Comparable Third Party Product(s) (based on sales of units of such Licensed Product and such Comparable Third Party Product(s), as reported by IMS International, or if such data are not available, such other reliable data source as reasonably agreed by the Parties).
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Comparable Third Party Product Competition means, with respect to a Therapeutic Product in any country in the Territory in a given Calendar Quarter, that, during such Calendar Quarter:
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More Definitions of Comparable Third Party Product Competition

Comparable Third Party Product Competition means, with respect to a Licensed Product in any country in the Territory in a given Calendar Quarter, that, during such Calendar Quarter: (a) one or more Comparable Third Party Product(s) is commercially available in such country; and (b) such Comparable Third Party Product(s) have a market share [**] percent ([**]%) or more of the aggregate market in such country of such Licensed Product and the Comparable Third Party Product(s) (based on sales of units of such Licensed Product and such Comparable Third Party Product(s), as reported by IMS International, or if such data are not available, such other reliable data source as reasonably determined by GSK). To the extent the term “Comparable Third Party Product Competition” is used herein with respect to a Royalty-Bearing EPIZYME Product, such term shall have the meaning set forth herein, with all references to “GSK” replaced by “EPIZYME” and all references to “Licensed Product” replaced with “Royalty-Bearing EPIZYME Product.”
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Comparable Third Party Product Competition means, with respect to a specific Licensed Product in the Territory in a given Calendar Quarter, that during such Calendar Quarter: (a) one (1) or more Comparable Third Party Product(s) are commercially available in the Territory; and (b) such Comparable Third Party Product(s) have a market share of [**] percent ([**]%) or more of the aggregate market in the Territory of such Licensed Product and such Comparable Third Party Product(s) collectively (based on ​ sales of units of such Licensed Product and Comparable Third Party Product(s), as reported by IQVIA, or if such data is not available, such other reliable data source as reasonably determined by the Parties). As used herein, a “unit” of a product means the equivalent amount of product used for an equivalent treatment cycle of such product.
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Comparable Third Party Product Competition means, with respect to a Product in any country in the PTC Territory in a given Calendar Quarter, that, during such Calendar Quarter: (a) one or more Comparable Third Party Product(s) is commercially available in such country; and (b) such Comparable Third Party Product(s) have a market share of [***] percent ([***]%) or more of the aggregate market in such country of such Product and the Comparable Third Party Product(s) (based on sales of units of such Product and such Comparable Third Party Product(s), as reported by IMS International, or if such data are not available, such other reliable data source as reasonably agreed by the Parties in writing).
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Comparable Third Party Product Competition means, with respect to a Licensed Product in any country in a given Calendar Quarter, that, during such Calendar Quarter:
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Related to Comparable Third Party Product Competition

  • Third Party Product means a product (whether hardware, software or services) supplied to you by a third party;

  • Third Party Products means the Third Party Software and Third Party Hardware.

  • Third Party Data has the meaning set forth in Section 9.3(a).

  • Third-party payer means an entity that is, by

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

  • Third Party Material means software, software development tools, methodologies, ideas, methods, processes, concepts and techniques owned by, or licensed to a third party and used by the Service Provider in the performance of the Services;

  • Third Party License means licenses from third parties governing third party software embedded or used in the Trading Platform.

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Third Party Terms means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D.

  • Third Party Agreement has the meaning provided in Section 5(a) hereof.

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Third Party Licensor means the relevant licensor of any Third Party Data or any Third Party Trade Xxxx;

  • Competing Product means [***].

  • Third Party Licenses has the meaning set forth in Section 3.

  • Third Party Vendor means any person or entity that provides SaaS, third party software and/or related intellectual property. “Work” means any additional work the Customer requests Singtel to perform in relation to the Service.

  • Third Party Provider means licensors, subcontractors and suppliers of BNYM furnishing the Third Party Products.

  • Third Party Providers or “TPPs” means any payment service provider that provides payment services to you or someone else that concerns the Account, for example, an AISP (described in Clause 1(c) below).

  • Third Party Technology means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

  • Third Party(ies) means a person or entity who or which is neither a Party nor an Affiliate of a Party.

  • Valid Third Party Entity In respect of any transaction, any third party that the Calculation Agent determines has a bona fide intent to enter into or consummate such transaction (it being understood and agreed that in determining whether such third party has such a bona fide intent, the Calculation Agent shall take into consideration the effect of the relevant announcement by such third party on the Shares and/or options relating to the Shares and, if such effect is material, may deem such third party to have a bona fide intent). Nationalization, Insolvency or Delisting: Cancellation and Payment (Calculation Agent Determination); provided that, in addition to the provisions of Section 12.6(a)(iii) of the Equity Definitions, it will also constitute a Delisting if the Exchange is located in the United States and the Shares are not immediately re-listed, re-traded or re-quoted on any of the New York Stock Exchange, The NASDAQ Global Select Market or The NASDAQ Global Market (or their respective successors); if the Shares are immediately re-listed, re-traded or re-quoted on any of the New York Stock Exchange, The NASDAQ Global Select Market or The NASDAQ Global Market (or their respective successors), such exchange or quotation system shall thereafter be deemed to be the Exchange. Additional Disruption Events: Change in Law: Applicable; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by (i) replacing the phrase “the interpretation” in the third line thereof with the phrase “, or public announcement of, the formal or informal interpretation,” (ii) replacing the word “Shares” with the phrase “Hedge Positions” in clause (X) thereof and (iii) inserting the parenthetical “(including, for the avoidance of doubt and without limitation, (x) any tax law or (y) adoption, effectiveness or promulgation of new regulations authorized or mandated by existing statute)” at the end of clause (A) thereof. Failure to Deliver: Applicable Hedging Disruption: Applicable; provided that:

  • Third Party Agreements means any Contract between or among a Party (or any member of its Group) and any other Persons (other than the Parties or any member of their respective Groups) (it being understood that to the extent that the rights and obligations of the Parties and the members of their respective Groups under any such Contracts constitute Versum Assets or Versum Liabilities, or Air Products Retained Assets or Air Products Retained Liabilities, such Contracts shall be assigned or retained pursuant to Article II).

  • Nonaffiliated third party means any person except:

  • Third Party Funds means any segregated accounts or funds, or any portion thereof, received by Borrower or any of its Subsidiaries as agent on behalf of third parties in accordance with a written agreement that imposes a duty upon Borrower or one or more of its Subsidiaries to collect and remit those funds to such third parties.

  • Third Party Payments means the payment made through instruments issued from an account other than that of the beneficiary investor mentioned in the application form. However, in case of payments from a joint bank account, the first named applicant/investor has to be one of the joint holders of the bank account from which payment is made.

  • Licensed Services means all functions performed by the Licensed System.

  • Licensed Product means a product or part of a product in the Licensed Field of Use: (A) the making, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent; or (B) which is made with, uses or incorporates any Technology.