Confidential Materials omitted definition
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.
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 ------------------------------------...
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)
Examples of Confidential Materials omitted in a sentence
Confidential Materials omitted and filed separately with the Securities and Exchange Commission.
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MEDICAL PRODUCTS DISTRIBUTION AGREEMENT Confidential Materials omitted and filed separately 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.
K 4/30/97 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.
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.
The total cost of the project is $[**] 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
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...