Equivalent Products definition
Examples of Equivalent Products in a sentence
In the event Purchaser elects to obtain such alternative products, Purchaser shall still be obligated to pay to Seller the Purchase Price amounts as calculated under Exhibit B; provided, however, that there shall be subtracted from such amounts Purchaser’s actual direct cost of such alternative Equivalent Products.
Purchaser shall be permitted to obtain such Equivalent Products from alternative sources solely for that period of time as Seller is unable to deliver Product to Purchaser under this Agreement.
Equivalent Products – Products other than Core Products which are substantially similar to the product descriptions of Core Products.
As of the Execution Date, Andrx hereby grants to GSK a non-exclusive license (without the right to sublicense except that sublicenses are permitted as to GSK’s Affiliates, the GSK Suppliers and, if applicable, GSK’s Third Party distributors of Generic Equivalent Products and as permitted pursuant to Section 3(f)) under the Patent to make, have made, use, sell, have sold, offer for sale and import any Generic Equivalent Products in the United States.
Equivalent Products – Products other than Core Products which are substantially similar to the applicable Core Products.
As consideration for the license rights under the Patent granted to GSK by Andrx in Paragraph 3(b), GSK (or its Affiliate) shall remit to Andrx (or its Affiliate) a royalty equal to {***}† of GSK’s Net Sales of Generic Equivalent Products in the United States (the “Generic Equivalent Product Royalty”).
For the avoidance of doubt, sales of Requested 1-D Products (A) by ▇▇▇▇▇▇ to third parties on and after the Section 8.3 Sale Date will be deemed sales of Equivalent Products and (B) by ▇▇▇▇▇▇ to AB shall be deemed sales of Products and, in each case, such sales will be taken into account in the computations with respect to the Adjusted Contract Year Purchase Minimums as set forth in Schedule 2.
GSK shall have the right, in GSK’s sole discretion and without Andrx’s consent, to assign to Biovail Laboratories SRL (“Biovail”) (or an Affiliate of Biovail) (the “Biovail Assignee”), whether on a permanent or on a temporary basis, all or a part of the rights granted to GSK pursuant to Section 3(b) as to Generic Equivalent Products and/or the rights granted to GSK pursuant to Section 3(c) as to Biovail Third Party Licensee Bupropion Products (as applicable, the “Assigned License Rights”).
Buyer will issue POs from time to time to Supplier for all of Buyer’s requirements of Products and any Functionally Equivalent Products.
The transfer prices for Products sold by ▇▇▇▇▇▇ to AB from the Effective Date until December 31, 2004 shall be the transfer prices set forth in Schedule 1 attached hereto; provided that such transfer prices shall be not less favorable to AB than any transfer prices for Equivalent Products offered by ▇▇▇▇▇▇ to any other customer or distributor under substantially similar circumstances (e.g., substantially similar purchase commitments and volumes).