Confidential Materials omitted definition

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.
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Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. EXHIBIT D-(final version based upon negotiations with FDA to set expiration dating) FEE SCHEDULE (Interim)
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Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. next sentence or (ii) ninety (90) days after written notification to BTI of the filing of a PLA or its equivalent or NDA or its equivalent in such country. In the event that DEVELOPMENT COSTS and PRE-MARKETING EXPENSES incurred with respect to a CO-PROMOTION PRODUCT are attributable to work which is useful in developing such CO-PROMOTION PRODUCT for countries other than the country(ies) in which BTI elects to co-promote, then for the purpose of determining the amount thereof which BTI is to ********** under this Agreement and the Co-Promotion Agreement, such DEVELOPMENT COSTS and PRE-MARKETING EXPENSES shall be fairly allocated between the country in which BTI elects to co-promote and such other countries. If the parties do not, in good faith, reach agreement on the DEVELOPMENT COSTS and PRE-MARKETING EXPENSES, including such allocation, either can submit same to arbitration in accordance with Appendix D except that in such arbitration the arbitrators shall have the right to determine as the DEVELOPMENT COST and PRE-MARKETING EXPENSES the position of either PARTY or an amount therebetween. In the event a PARTY elects to submit the dispute to arbitration, **********************the amount which is not in dispute within the time set forth in this Section 6.2, and as to the amount in dispute BTI can elect to pay or not to pay such amount to NOVARTIS. If BTI pays the amount in dispute, and in the arbitration it is determined that a lesser amount was payable by BTI, NOVARTIS shall reimburse the excess together with interest at the rate of six percent (6%) compounded annually, ***********************************************. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. If BTI does not pay the amount in dispute and in the arbitration it is determined that an amount greater than the amount paid by ********** should have been paid, **************** ********************************* the greater amount determined in the arbitration with interest at the rate of six percent (6%) compounded annually, ********************************************* ************* or (ii) not pay such greater amount in which case the CO-PROMOTION PERCENTAGE shall be the CO-PROMOTION PERCENTAGE elected by BTI multiplied by a fraction, the numerator of which is the DEVELOPMENT COSTS and PRE-MARKETING EXPENSES paid by BTI wh...
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Examples of Confidential Materials omitted in a sentence

  • Confidential Materials omitted and filed separately with the Securities and Exchange Commission.

  • Confidential Materials omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 406 under the Securities Act of 1933, as amended.

  • Confidential Materials omitted and filed with the Securities and Exchange Commission.

  • PROPRIETARY - FOR THE USE OF DIGITAL TELEPORT AND PIRELLI ONLY Confidential Materials omitted and filed separately with the Securities and Exchange Commission.

  • EXECUTION COPY Confidential Materials omitted and filed separately with the Securities and Exchange Commission.

  • Schedules to the New Systems Operations Agreement Final Confidential Materials omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.

  • Confidential Materials omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.

  • New Systems Operations Agreement - Final Confidential Materials omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.

  • MEDICAL PRODUCTS DISTRIBUTION AGREEMENT Confidential Materials omitted and filed separately with the Securities and Exchange Commission.

  • Project Application Application Number File Date Title [**] [**] [**] [**] [**] [**] Confidential Materials omitted and filed separately with the Securities and Exchange Commission.


More Definitions of Confidential Materials omitted

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. APPENDIX B CO-PROMOTION CONCEPT At the time that BTI elects to co-promote a CO-PROMOTION PRODUCT in the CO-PROMOTION TERRITORY, the PARTYS will agree on a joint marketing model for such CO-PROMOTION PRODUCT which will be driven by the premises that
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Confidential Materials omitted and filed with the Securities and Exchange Commission. Asterisks denote omissions. *Upon mutual written agreement and with commercially reasonable notice to MSSLO, 3Com may (i) add Products or modify Products and (ii) add or modify the number of Days. In the event MSSLO believes MSSLO can not meet these agreed upon RLTs, MSSLO agrees to notify 3Com and take immediate action to change the RLT to reflect MSSLO's actual turnaround time. MSSLO agrees to take immediate corrective action intended to restore the RLT turnaround time to the agreed upon RLTs, provided that, if a supplier of a 3Com Controlled Material is affecting such RLT, then 3Com in collaboration with MSSLO will take corrective action. Requirements in excess of remaining capacity may result in extended RLTs. 3Com acknowledges that RLT extensions may result if MSSLO notifies 3Com that remaining and projected demand is approaching the maximum capacity remaining in the Quarter and 3Com chooses not to release BPO Delivery Line Items to fulfill projected demand. 3Com and MSSLO agree to, on a monthly basis, reconcile their respective data records that relate to open Purchase Order, Blanket Purchase Order, or BPO Delivery Line Item quantity and the quantity of Product ordered, shipped and delivered pursuant to 3Com's Purchase Orders, Blanket Purchase Orders, or BPO Delivery Line Items during the previous one-month period. If MSSLO does not have enough capacity to meet 3Com's orders beyond the Minimum Commitment, MSSLO will use commercially reasonable efforts to allocate capacity at the Facilities pro-rata based on value add among 3Com and other existing customers, to meet 3Com's requested increases in capacity beyond the Minimum Commitment. If any premium, expediting, or other increased charges over quoted costs are required in order to meet 3Com's increased requirements, they must be approved in advance and in writing by 3Com. 3Com agrees to pay for all such pre-approved costs that represent out-of-pocket costs incurred by MSSLO. In addition, MSSLO commits at no additional cost to 3Com to comply with the flexibility terms for Materials and capacity availability as defined below on a non-cumulative basis provided that MSSLO is not obligated to procure additional capital equipment to meet this obligation: MATERIALS AND CAPACITY AVAILABILITY % UPSIDE ON THE REMAINDER OF UNITS COMMITTED BY MSSLO FOR NOTICE PERIOD BEFORE END OF 3COM'S FISCAL QUARTER 3COM'S FISCAL QUARTER ------------------------------------...
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Related to Confidential Materials omitted

  • Confidential Materials means all tangible materials containing Confidential Information, including without limitation written or printed documents and computer disks or tapes, whether machine or user readable.

  • Confidential Material means all information, in any form or medium, known or used by City or an Affiliate of the City which is not known to the general public, including, but not limited to, the know-how, trade secrets, strategic plans, technical information, product information, supplier information, customer information, financial information, marketing information and information as to business opportunities, methods and strategies and research and development of the City and its Affiliates. If and to the extent any Confidential Material is included in any report, assessment, diagram, memorandum or other document or copied or reproduced in any other form or medium, such report, assessment, diagram, memorandum, document or Confidential Material in such other form or medium will be deemed to be Confidential Material.

  • Confidential Treatment Requested The redacted material has been separately filed with the Commission."

  • Supplier's Confidential Information means any information, however it is conveyed, that relates to the business, affairs, developments, trade secrets, Know-How, personnel and suppliers of the Supplier, including IPRs, together with information derived from the above, and any other information clearly designated as being confidential (whether or not it is marked as "confidential") or which ought reasonably to be considered to be confidential;

  • Information Materials has the meaning given that term in Section 9.6.

  • Customer Proprietary Network Information (“CPNI”) is as defined in the Act.

  • Standard Materials means all Materials not specified as Custom Materials.

  • Project specific information means such part of the Instructions to Consultants used to reflect specific project and assignment conditions.

  • Construction materials means any tangible personal property that will be

  • Confidential means confidential financial information concerning offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information.

  • IP Materials has the meaning given to it in clause E8.1 (Intellectual Property Rights).

  • Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

  • Redacted means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7, NMSA 1978 and NMAC 1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed.

  • Publicity Material means the promotional gifts, catalogues, pamphlets and all and any advertising and publicity material whatsoever which an Exhibitor wishes to display, distribute or use at the Exhibition.

  • Keeping information confidential means using discretion in disclosing information as well as guarding against unlawful or inappropriate access by others. This includes:

  • Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

  • State Confidential Information means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information.

  • Business Confidential Information has the meaning set forth in Section 5.04(a).