First Launch definition
Examples of First Launch in a sentence
Client shall deliver to Catalent within [* * *] days following the end of each Quarter following the First Launch Date: (i) a written statement setting forth in reasonable detail its calculation of the royalty due for such most recently completed Quarter, including its calculation of Net Sales and all appropriate backup information, and (ii) payment of the royalty due on such Net Sales.
Nitec shall remit to Jagotec within […***…] days after the end of each calendar quarter the amount of Royalties, if any, due in respect of the preceding quarter, beginning with the calendar quarter in which the First Launch takes place.
The Parties shall determine, no later than: (i) [***…***] prior to the start of a First Launch Period, a [***…***] period within the First Launch Period (“First Launch Slot”) during which the First Launch Date will occur; (ii) [***…***] prior to the start of a First Launch Slot, a [***…***] period within the First Launch Slot (“First Launch Interval”) during which the First Launch Date will occur; and (iii) at least [***…***] prior to the start of a First Launch Interval, the estimated First Launch Date.
Notwithstanding the timeframes established for the First Launch Period, the parties understand and agree that SpaceX shall use commercially reasonable efforts to perform the first Launch within [***…***] of receipt from Customer of a complete and correct finite element model representative of the integrated payload stack configuration, per Appendix B of the SOW, and any other information reflected in the SOW for joint integration analyses.
Notwithstanding the foregoing, the Parties acknowledge and agree that any delay fees (described in Section 9 (Delays)) shall apply only to actual Launch delays beyond the First Launch Period or Second Launch Period, as applicable, and not anticipated production or other delays.
The periods by which annual Net Sales are measured for purposes of this Section 6.2(a) shall be a calendar year (each, an “Annual Net Sales Period”) except that the first Annual Net Sales Period in a Jurisdiction shall begin on the first day of the calendar quarter preceding the First Launch and continue to the end of the calendar quarter ending on December 31st of that calendar year.
In the event that, as a consequence of the Third Party’s action hereunder, First Launch has to be delayed in any country or countries of the Territory, then no royalty shall be payable to ZEALAND on Net Sales achieved, in any said country or countries, during a period starting from First Launch and equal to the period elapsed from the day First Launch was expected and the day said First Launch occurred.
In the event that SpaceX alone has delayed or provided notice of delay of the First Launch Date, for an aggregate period (exclusive of Excusable Delay and/or coinciding delay(s) caused or requested by Customer) exceeding one hundred eight (180) days beyond the last day of the first Launch Period, [***…***] Customer’s special termination right must be exercised by a written notice that is executed by a corporate officer.
Such quarterly reports shall begin no later than ninety (90) days from the First Launch Date.
Endo shall give Durect the opportunity to review and comment upon the initial core promotional and training materials prepared by Endo for the First Launch; provided that Endo shall have ultimate authority and sole discretion to determine content of such materials and further provided that Durect shall give Endo the same opportunity with respect to materials prepared by Durect or its Affiliates for Launch of the Product in any country in the Durect Territory.