Cross Sales definition
Examples of Cross Sales in a sentence
If an End User's Cross Sales to Blood Screening End Users [***] the entire amount of such End User's Cross Sales to Blood Screening End Users (including the portion below the De Minimis Cross Sales Amount) shall be subject to paragraphs 2(b) and 2(c) in Exhibit A.
Notwithstanding anything to the contrary in this Agreement and subject to the provisions of this Section 12.3, nothing in this Agreement is intended to prohibit an End User from selling CHIRON Licensed Product purchased from ROCHE, its Affiliates or an Authorized Distributor to a person or entity [***] within the Region ("Cross Sales").
Notwithstanding anything to the contrary in this Agreement and subject to the provisions of this Section 12.3, nothing in this Agreement is intended to prohibit an End User from selling CHIRON Licensed Product purchased from ROCHE, its Affiliates or an Authorized Distributor to a person or entity [***] ("Cross Sales").
On the Effective Date, the Company shall have delivered to the Representative executed copies of the Trust Agreement, the Warrant Agreement, the Rights Agreement, the Registration Rights Agreement, Administrative Services Agreement, the Insider Letter and the Subscription Agreement.
Calculation of the Royalty Difference Amount shall be made as to all Passive Sales pursuant to Section 12.2 and, to the extent provided and on the terms and conditions set forth in Section 12.3, Cross Sales, occurring during the Term.
Cross Sales of CHIRON Licensed Products to a Blood Screening End User will be deemed to be Passive Sales and subject to the royalty provisions set forth in paragraphs 2(b) and (c) of Exhibit A to the extent set forth in, and in accordance with the terms and conditions of, this Section 12.3. [***].
In the event the Term expires or is terminated prior to the end of a Calendar Year, the Royalty Difference Amount shall be due for Passive Sales pursuant to Section 12.2 and, to the extent provided and on the terms and conditions set forth in Section 12.3, Cross Sales, occurring during that portion of the Calendar Year prior to such expiration or termination and [***].
The payment date for the amounts set forth in paragraph 2 of Exhibit A in respect of Cross Sales which are subject to paragraph (b) of Exhibit A shall not be sooner than [***].
ROCHE shall not have any obligation of affirmative investigation as to whether a End User's Cross Sales [***] except those expressly set forth in this Section 12.3.
ROCHE shall not have any obligation of affirmative investigation as to whether a End User's Cross Sales exceed [***] except those expressly set forth in this Section 12.3.