Direct Manufacturing Cost Cap definition

Direct Manufacturing Cost Cap shall have the meaning attributed thereto in Clause 8.1(b) below.
Direct Manufacturing Cost Cap means, in relation to the Direct Manufacturing Cost of a given ALL Component, a particular US Dollar amount at a given time and for a particular volume of manufacture or supply, to be set in the Supply Agreement, and determined based on the external benchmarking, in accordance with Section 4.2.2 , of the *** included in the determination of the Direct Manufacturing Cost of such ALL Component at such time and at such volume; provided that, at ALL’s request, certain *** may be omitted from the benchmarking analysis on the basis that ***; further provided that the omissions do not account for more than *** of the total *** included in the determination of the Direct Manufacturing Cost of such ALL Component. Provided that the *** of the Direct Manufacturing Cost of an ALL Component is less than *** of the total Direct Manufacturing Cost of such ALL Component and such ***, the benchmarking of *** shall be limited to benchmarking other ***. In addition, countries in which manufacture of the relevant ALL Component is prohibited by Applicable Law shall be excluded from any *** benchmarking.
Direct Manufacturing Cost Cap means, *** *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.

Examples of Direct Manufacturing Cost Cap in a sentence

  • Such process shall be initially conducted six (6) months following the First Commercial Sale of a Consumable Licensed Product or Instrument Licensed Product incorporating an ALL Component to determine the initial Direct Manufacturing Cost Cap, and thereafter no more than once per calendar year promptly following each anniversary of the execution of the Supply Agreement.

  • Once the Inflation Adjustment for a Contract Year has been agreed the Parties shall apply the provision of Clause 8.1(e) and agree upon the required change (if any) to the Direct Manufacturing Cost Cap in Clause 8.1(d)(ii) for the then current Contract Year.

  • For comparison to other types of rail transit, the METRO 20-mile light rail starter system cost about$70 million per mile to construct.

  • The Supply Agreement shall set forth a process for the external benchmarking required to determine the Direct Manufacturing Cost Cap.

  • Increases above the Inflation Cap will be covered by NOVARTIS and the Direct Manufacturing Cost Cap in Clause 8.1(b)(ii) will be adjusted accordingly.

  • This Clause 10.4(b) shall operate in addition to the Price adjustment provisions set forth in Clause 8 and any resulting Direct Manufacturing Costs shall be in addition to the Direct Manufacturing Cost Cap.

  • Cost Improvement Benefit Sharing will only become effective once the Direct Manufacturing Costs have become lower than the Direct Manufacturing Cost Cap set forth in Clause 8.1(b)(ii).

  • After each actual adjustment of the Direct Manufacturing Cost Cap in Clause 8.1(b)(ii) made under this Clause 8.1(e) the inflation baseline shall be reset to ***%.


More Definitions of Direct Manufacturing Cost Cap

Direct Manufacturing Cost Cap means, in relation to the Direct Manufacturing Cost of a given ALL Component, a particular US Dollar amount at a given time and for a particular volume of manufacture or supply, to be set in the Supply Agreement, and determined based on the external benchmarking, in accordance with Section 4.2.2, of the *** included in the determination of the Direct Manufacturing Cost of such ALL Component at such time and at such volume; provided that, at ALL’s request, certain *** may be omitted from the benchmarking analysis on the basis that ***; further provided that the omissions do not account for more than *** of the total *** included in the determination of the Direct Manufacturing Cost of such ALL Component. Provided that the *** of the Direct Manufacturing Cost of an ALL Component is less than *** of the total Direct Manufacturing Cost of such ALL Component and such ***, the benchmarking of *** shall be limited to benchmarking other ***. In addition, countries in which manufacture of the relevant ALL Component is prohibited by Applicable Law shall be excluded from any *** benchmarking. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.
Direct Manufacturing Cost Cap means, ***

Related to Direct Manufacturing Cost Cap

  • Manufacturing Cost means ***

  • Manufacturing Costs means, with respect to a given AquaBounty Product, the full-time equivalent costs (under a reasonable accounting mechanism to be agreed upon by the Parties) and out-of-pocket costs that AquaBounty or any of its Affiliates incurred in manufacturing such products, including costs and expenses incurred in connection with (a) the development or validation of any manufacturing process, formulations or delivery systems, or improvements to the foregoing; (b) manufacturing scale-up; (c) in-process testing, stability testing and release testing; (d) quality assurance/quality control development; (e) internal and Third Party costs and expenses incurred in connection with qualification and validation of Third Party contract manufacturers, including scale up, process and equipment validation, and initial manufacturing licenses, approvals and inspections; (f) packaging development and final packaging and labeling; (g) shipping configurations and shipping studies; and (h) overseeing the conduct of any of the foregoing. “Manufacturing Costs” shall further include: (i) to the extent that any such AquaBounty Product is manufactured by a Third Party manufacturer, the out-of-pocket costs incurred by AquaBounty or any of its Affiliates to the Third Party for the manufacture and supply (including packaging and labeling) thereof, and any reasonable out-of-pocket costs and direct labor costs incurred by AquaBounty or any of its Affiliates in managing or overseeing the Third Party relationship determined in accordance with the books and records of such Party or its Affiliates maintained in accordance with US GAAP; and (ii) to the extent that any such AquaBounty Product is manufactured by AquaBounty or any of its Affiliates, direct material and direct labor costs attributable to such product, as well as reasonably allocable overhead expenses, determined in accordance with the books and records of AquaBounty or its Affiliates maintained in accordance with US GAAP.

  • Fully Burdened Manufacturing Cost means, with respect to any Licensed Product supplied by or on behalf of NVCR to Zai hereunder if such Licensed Product (or any precursor or intermediate thereof) is manufactured by a Third Party manufacturer [***].

  • Manufacturing Site means the facilities where a Compound is Manufactured by or on behalf of a Party, as such Manufacturing Site may change from time to time in accordance with Section 8.7.

  • Manufacturing operation means a process in which materials are changed, converted, or transformed into a different state or form from which they previously existed and includes refining materials, assembling parts, and preparing raw materials and parts by mixing, measuring, blending, or otherwise committing such materials or parts to the manufacturing process. "Manufacturing operation" does not include packaging.

  • Manufacturing Facility means buildings and structures, including machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change.

  • Manufacturing Services means the manufacturing, quality control, quality assurance, stability testing, packaging, and related services, as set forth in this Agreement, required to manufacture Product or Products using the Active Materials, Components, and Xxxx Back Items;

  • Tobacco product manufacturer means an entity that after the date of enactment of this Act directly (and not exclusively through any affiliate):

  • Manufacturing Know-How means all information, techniques, inventions, discoveries, improvements, practices, methods, knowledge, skill, experience and other technology, whether or not patentable or copyrightable, and any copyrights based thereon, relating to or necessary or useful for the production, purification, packaging, storage and transportation of Collaboration Products, including without limitation specifications, acceptance criteria, manufacturing batch records, standard operating procedures, engineering plans, installation, operation and process qualification protocols for equipment, validation records, master files submitted to the FDA, process validation reports, environmental monitoring processes, test data including pharmacological, toxicological and clinical test data, cost data and employee training materials.

  • Product Manufacturer means the entity that assembles the component parts to manufacture the final Product;

  • Routine Patient Costs means all health care services that are otherwise covered under the Group Contract for the treatment of cancer or other Life-threatening Condition that is typically covered for a patient who is not enrolled in an Approved Clinical Trial.

  • Commercialization Costs means the out-of-pocket costs and expenses incurred by Adapt or its Affiliates directly attributable to, or reasonably allocable to, the Commercialization of a Product. Commercialization Costs for a Product shall include, preparation of promotional, advertising, communication, medical, and educational materials relating to the Product and other Product literature and selling materials, activities directed to marketing of the Product, including purchase of market data, development and conduct of market research, advertising, public relations, public affairs and other communications with Third Parties regarding the Product; development and conduct of sales force training (including materials, programs and travel to and attendance at training programs) for medical representatives responsible for promoting the Product; and development and maintenance of sales bulletins, call reporting and other monitoring/tracking, sales force targeting, validation and alignment programs and documentation.

  • Manufacturing Process means any process for—

  • Development Costs means costs incurred to obtain access to reserves and to provide facilities for extracting, treating, gathering and storing the oil and gas from reserves. More specifically, development costs, including applicable operating costs of support equipment and facilities and other costs of development activities, are costs incurred to:

  • Manufacturing Facilities means facilities engaged in the mechanical or chemical transformation of materials or substances into new products and shall include:

  • Marketing Costs which means such reasonable charge for marketing of ores and concentrates sold or of concentrates tolled as is consistent with generally accepted industry marketing practices;

  • Development Expenses means, with respect to SAIL Developments as well as HOME Developments when the HOME Development is also at least partially financed with a MMRB Loan (as defined in rule Chapter 67-21, F.A.C.), usual and customary operating and financial costs, such as the compliance monitoring fee, the financial monitoring fee, replacement reserves, the servicing fee and the debt service reserves. As it relates to SAIL Developments as well as HOME Developments when the HOME Development is also at least partially financed with a MMRB Loan (as defined in rule Chapter 67-21, F.A.C.) and to the application of Development Cash Flow described in subsections 67-48.010(5) and (6), F.A.C., as it relates to SAIL Developments or in paragraph 67-48.020(3)(b), F.A.C., as it relates to HOME Developments, the term includes only those expenses disclosed in the operating pro forma on an annual basis included in the final credit underwriting report, as approved by the Board, and maximum of 20 percent Developer Fee per year.

  • Contract Manufacturer means a company that produces goods under contract for another company under the label or brand name of that company.

  • Milk product or "dairy product" means cottage cheese, dry curd cottage cheese, reduced fat cottage cheese, lowfat cottage cheese, cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, lowfat milk, frozen milk concentrate, flavored milk, eggnog, buttermilk, cultured milk, cultured lowfat milk, cultured skim milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified lowfat milk, acidified skim milk, low-sodium milk, low-sodium lowfat milk, low-sodium skim milk, lactose-reduced milk, lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically processed and packaged milk, milk products with added safe and suitable microbial organisms, and any other milk product made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. Unless a product is considered a milk product under this subdivision, milk product does not include dietary products, infant formula, ice cream or other desserts, cheese, or butter. Milk products include the following:

  • Current Good Manufacturing Practices or “cGMP” means applicable Good Manufacturing Practices as specified in the United States Code of Federal Regulations and/or the EU Good Manufacturing Guidelines, and any successor legislation from time to time, prevailing at the time of the manufacture of the Product.

  • FTE Rate means [***].

  • Clinical nurse specialist means a registered nurse with relevant post-basic qualifications and 12 months’ experience working in the clinical area of his/her specified post-basic qualification, or a minimum of four years’ post-basic registration experience, including three years’ experience in the relevant specialist field and who satisfies the local criteria.

  • Drug Substance means an active ingredient that is intended to furnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease or to affect the structure or any function of the human body, but does not include intermediates used in the synthesis of such ingredient.

  • Development Cost means the total of all costs incurred in the completion of a Development excluding Developer Fee, operating deficit reserves, and total land cost as typically shown in the Development Cost line item on the development cost pro forma.

  • Final Product means a reasonably homogenous cannabis product in its final packaged form created using the same standard operating procedures and the same formulation.

  • Manufacturing Materials means parts, tools, dies, jigs, fixtures, plans, drawings, and information produced or acquired, or rights acquired, specifically to fulfill obligations set forth herein.