Contribution Income definition

Contribution Income is defined as [***]. (i) A list of third party agreements providing for the payment of royalties, as of the Effective Date, is attached as Appendix G. [***]
Contribution Income is defined as [*]. (i) A list of third party agreements providing for the payment of royalties, as of the Effective Date, is attached as Appendix G. [*]. As of the Effective Date, Centocor shall not enter into any other additional agreements with third parties that include provisions requiring the payment of license fees, milestones, royalties or other payments relating to commercialization of Product in the Territory without the prior written approval of Schering-Plough. CONFIDENTIAL TREATMENT REQUESTED. THE REGISTRANT HAS REQUESTED CONFIDENTIAL TREATMENT FOR CERTAIN PORTIONS OF THIS AGREEMENT. THOSE PORTIONS HAVE BEEN OMITTED FROM THIS COPY OF THE AGREEMENT AT THE PLACES INDICATED BY ASTERISKS (*); AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (ii) For purposes of calculating Contribution Income, [*]. (iii) As set forth in Section 6.3, Product Development Costs are excluded from Contribution Income. Also excluded from the Contribution Income calculation is the cost of Product supplied by Centocor to Schering- Plough in the Territory for distribution as free samples or for compassionate use programs pursuant to Section 5.1.
Contribution Income is defined as [***] less (i) Marketing Expenses, (ii) [***] expenses (including [***] and [***] and (iii) [***] where [***] equals [***] less (A) Cost of Goods Sold, (B) all [***] on account of the Product in an aggregate amount not to [***], (C) all [***] and (D) Cost of a [***]. (i) A list of third party agreements providing for the payment of royalties, as of the Effective Date, is attached as Appendix G. For purposes of calculating Contribution Income, [***] pursuant to subpart (B) above will not include any [***] in excess of [***]. The parties agree that Centocor shall have the right to [***]. Except as agreed by the parties, no other [***] associated with [***] shall be included in the calculation of Contribution Income. As of the Effective Date, Centocor shall not enter into any other additional agreements with third parties that include provisions requiring the payment of license fees, milestones, royalties or other payments relating to commercialization of Product in the Territory without the prior written approval of Schering-Plough. (ii) For purposes of calculating Contribution Income, Marketing Expenses and [***] expenses do not include [***] such as [***] or [***] incurred with respect to [***] or [***] or [***] incurred by the parties, except as specified in Section 1.11. Each party will bear the [***] and [***] incurred with respect to [***], except as specified in Section 1.11. Expenses related to [***] will be borne by [***] and will be [***]. (iii) As set forth in Section 6.3, Product Development Costs are excluded from Contribution Income. Also excluded from the Contribution Income calculation is the cost of Product supplied by Centocor to Schering-Plough in the Territory for distribution as free samples or for compassionate use programs pursuant to Section 5.1.

Examples of Contribution Income in a sentence

  • Any withholdings paid when due hereunder shall be for the account of the party liable for such taxes and shall not be included in the calculation of Net Sales or Contribution Income.

  • If either party is required to pay any such deficiency, or any fine, assessment or penalty for any such deficiency, the party liable for such payment shall promptly reimburse the other party for such payment, which shall not be included in the calculation of Net Sales or Contribution Income.

  • Any tax imposed by Canada, British Colum bia, or any other taxing authority on the transfer of funds from the Foundation Escrow Account must be paid out of the Foundation Contribution or Foundation Contribution Income and may not serve to increase the amount of the Foundation Contribution or otherwise impose on the Private Funders any obligations other than those explicitly set out in this Agreement.

  • The parties will continue to share the Contribution Income arising from any such sales in accordance with the terms of this Agreement.

  • In the Territory, the Contribution Income split with respect to Commercial Sales for such new indication will be as set forth in Section 6.2. For any such new indications, Centocor may, at its discretion, grant to Schering-Plough's United States Affiliate, Schering Corporation, an option to co-promote the Product in the United States for any such new indication.

  • All Product Development Costs are expressly excluded from the Contribution Income sharing concept and, subject to Section 2.1(c) above, shall be shared by the parties as follows.

  • The parties will divide Contribution Income in the manner provided herein and in Section 2.1(b).

  • For clarity, the Parties agree that notwithstanding the date on which the first Commercial Sale of Golimumab Product in the Territory occurs, the inclusion of Pre-Approval Marketing and Sales Costs in the calculation of Contribution Income shall become effective on the Amendment Date.

  • Centocor shall have [***] days from the date of such notice in which to notify Schering-Plough of its intent to share Contribution Income in the Territory and shall reimburse Schering-Plough for [***] of its out-of-pocket costs for development of such indication, whereupon the parties shall continue the development and commercialization of such indication under this Agreement.

  • Centocor shall remain solely responsible for any and all royalties paid or payable to K▇▇▇▇▇▇ based upon sales of Products in the Territory prior to the Trigger Date, and no such amounts shall be included in the calculation of Contribution Income or otherwise subject to sharing or reimbursement by Schering-Plough.