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HIV Barrel Product definition

HIV Barrel Product means the product for HIV testing known as SURE CHECK(R) HIV 1/2 as described in Chembio’s PMA on file with the FDA and further described in the SURE CHECK(R) HIV 1/2 package insert, Catalog #HIV202, attached hereto as Schedule E, together with any improvements thereto.
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HIV Barrel Product means the product for HIV testing known as SURE CHECK(R) HIV 1/2 as described in Chembio’s PMA on file with the FDA and further described in the SURE CHECK(R) HIV 1/2 package insert, Catalog #HIV202, which is the subject of a Related Document. (t) “HIV Cassette Product” means the Chembio product currently known as HIV 1/2 STAT PAK(TM) as described in Chembio’s PMA on file with the FDA and further described in the HIV 1/2 STAT PAK(TM) package insert, Catalog #HIV 102, attached hereto as Schedule E, together with any improvements thereto. (u) “Intellectual Property Rights” shall mean (i) Patent Rights; (ii) rights associated with works of authorship including copyrights, copyright applications and copyright registrations; and (iii) rights relating to the protection of trade secrets, know-how and Confidential Information, but shall not include any rights to trade marks, trade names, or other distinctive brand names or logos. (v) “Inverness Lateral Flow Patents” shall mean any Patent Rights in the patents and patent applications identified on Schedule E. (w) “Inverness Trademarks” are the trademarks listed on Schedule F. (x) Net Sales. (i) “Net Sales” shall mean, with respect to any HIV Cassette Product, the gross amount received by the seller or its Affiliates or Sublicensees on bona fide sales of such HIV Cassette Product to Third Parties, less the following items (to the extent the gross amount received by them otherwise reflects such items): (i) credits and allowances for price adjustment, rejection, recall or return of the HIV Cassette Product; (ii) amounts for transportation, insurance, handling or shipping charges; (iii) taxes, duties and other governmental charges levied on or measured by the sale of the HIV Cassette Product, but not franchise or income taxes of any kind whatsoever; (iv) quantity and other trade discounts, credits or allowances actually allowed and taken; (v) charge back payments and/or rebates for the HIV Cassette Product provided to managed health care organizations, international organizations, or federal, state, local or other governments, including, in the United States, Medicare and Medicaid; or (vi) license fees, royalties or similar amounts paid to Third Parties to allow the seller or its Affiliates or Sublicensees to Exploit the relevant Licensed Product without infringement of Third Party (other than an Affiliate of the seller) Intellectual Property Rights. Net Sales shall not include any consideration received for demonstrat...
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Examples of HIV Barrel Product in a sentence

  • SDS further agrees not to challenge Chembio’s right to continued use for manufacture of the HIV Barrel Product of the Confidential Information or Technology utilized by Chembio in the manufacture of the HIV Barrel Product.

  • Within twenty (20) days after receipt of the HIV Barrel Product, Inverness shall inspect and, in its discretion, test the HIV Barrel Product to determine whether they conform in all material respects to the Specifications.

  • In the event an HIV Product does not so conform, Inverness may within such twenty (20) day period (i) continue to test the HIV Barrel Product, or (ii) return the non-conforming HIV Product and Documentation to Chembio, at Chembio’s expense, and any amounts paid by Inverness for the HIV Barrel Product returned shall be refunded by Chembio to Inverness.

  • HIV Barrel Product ordered by Inverness shall be shipped FOB, point of manufacture, with the carrier and to the destination specified in the Purchase Order.

  • During the Term, Inverness shall provide Chembio, on a quarterly basis, with forecasts of Inverness’s anticipated orders for the HIV Barrel Product during the succeeding three (3) quarters.

  • If Chembio subcontracts the manufacture of the HIV Barrel Product, Chembio shall enter into a written agreement with such manufacturer consistent with the terms of this Agreement and shall remain primarily liable for breach of this Agreement by the manufacturer.

  • Chembio shall manufacture the HIV Barrel Product itself or may subcontract the manufacture of the HIV Barrel Product to the extent permitted by applicable law, but may not sublicense such manufacturing right.

  • Inverness, on and subject to the terms and conditions contained herein, hereby grants to Chembio and Chembio hereby accepts from Inverness an exclusive worldwide license during the Term under the Inverness Lateral Flow Patents to manufacture the HIV Barrel Product solely for sale to Inverness.

  • Each Party shall have reasonable access to the other Party’s facilities and personnel to facilitate joint Exploitation of the HIV Barrel Product and any New HIV Barrel Product, upon reasonable notice.

  • SDS agrees not to bring (and shall cause its Affiliates not to bring) an infringement action under the SDS Patents against Chembio with respect to any product in the Barrel Field for the diagnosis or detection of HIV infection that is being jointly marketed and sold by SDS and Chembio under the 3-Way Agreement or the Joint HIV Barrel Product Commercialization Agreement.

Related to HIV Barrel Product

  • Aerosol Product means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced force. “Aerosol Product” does not include “Pump Spray.”

  • Hemp product means the same as that term is defined in § 3.2-4112.

  • Licensed Product means any pharmaceutical product containing a Licensed Compound (alone or with other active ingredients), in all forms, presentations, formulations and dosage forms.

  • Hemp products means all products made from industrial hemp,

  • New Product means the Synology-branded hardware product and Synology-branded accessories contained in the original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at Product Support Status.

  • Cannabis product means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

  • Product means any deliverable under the Contract, which may include commodities, services, technology or software.

  • Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

  • medicinal product means any substance or combination of substances presented for treating or preventing disease in human beings or animals and any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in humans or in animals;

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Generic Product means any pharmaceutical product that (i) is sold by a Third Party that is not an Affiliate or licensee of Buyer and (ii) (a) contains the same active pharmaceutical ingredient as the Product or (b) is categorized by the applicable Governmental Entity in a country to be therapeutically equivalent to, or interchangeable with, the Product, such that the pharmaceutical product may be substituted for the Product at the point of dispensing without any intervention by the prescribing physician in such country.

  • Collaboration Product means any pharmaceutical product in finished form that contains a Collaboration Compound, either as the sole active ingredient or in combination with one or more other active ingredients, and all present and future formulations, dosages and dosage forms thereof.

  • New Products means any product which is not an Enhanced Product or Existing Product but which is substantially similar to an of this Agreement, "New Product" or "New Products" shall mean any product which is not an Enhanced Product or 2 Existing Product but which is substantially similar to an Existing Product with respect to design and function and possesses reasonable performance improvements. If Company desires to purchase an Enhanced or New Product(s) from Supplier, Company shall so notify Supplier and provide Supplier the opportunity to manufacture such Enhanced or New Product(s), subject to the following conditions and procedures.

  • Finished Product means a cannabis product in its final form to be sold at a retail premises.

  • Biological product means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein other than a chemically synthesized polypeptide, or analogous product, or arsphenamine or any derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment, or cure of a disease or condition of human beings.

  • Drug Product means a specific drug in dosage form from a known source of manufacture, whether

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

  • Licensed producer means an agent, broker, or reinsurance intermediary licensed pursuant to the applicable provision of the insurance law of any jurisdiction.

  • Nicotine product means the same as that term is defined in Section 76-10-101.

  • 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:

  • Tobacco product means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

  • Bundled Product means a Licensed Product sold or bundled together with other products.

  • Marijuana product means marijuana as defined in 50-32-101 and marijuana-infused products

  • Marihuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

  • Finished Products means any one or more of the following petroleum oils, or a mixture or combination of these oils, to be used without further processing except blending by mechanical means:

  • Licensed Services means all functions performed by the Licensed System.

Most Referenced Clauses

Most Referenced Definitions