Impacted Product definition
Examples of Impacted Product in a sentence
If Provider reasonably believes that a particular Product is not an Impacted Product of a first Product that has suffered a Supply Failure, and Provider is unable to Manufacture such particular Product in compliance with the Product Requirements due to the Root Cause for the Supply Failure of the first Product, then such particular Product shall be deemed an Impacted Product.
If [***] and Provider [***], then such particular Product shall be deemed an Impacted Product.
In the event any Batch is [***] hereunder (each, a “Failed Batch”), Provider will conduct an appropriate investigation to determine the cause of such failure (which investigation shall include an impact assessment on products that Provider or Senti reasonably believes may be an Impacted Product at the relevant time), [***] disclose to Senti the results of such investigation, and notify Senti in writing of Provider’s good faith conclusions regarding the cause of the nonconformity.
If, at the end of each [***] thereafter, CHIRON has not instituted such legal action, to the extent so required, and infringement is not otherwise abated, such Earned Royalties shall be reduced by an [***] of the original Earned Royalties, such that if legal action required under Section 13.2(b) has not commenced and the infringement is not otherwise abated by the end of the [***] following receipt by CHIRON of the Infringement Notice, [***] shall be payable hereunder with respect to the Impacted Product.
Accordingly, if a GSK Asset is approved with a label including any [***] in one or more countries (thereby resulting in the achievement of a Material Benefit with respect to the GSK Asset), the GSK Asset will become an Impacted Product and subject to the royalty payments set forth in Section 4.5(a).
If, at the end of each [***] thereafter, CHIRON has not instituted such legal action, to the extent so required, and infringement is not otherwise abated, such Earned Royalties shall be reduced by [***] of the original Earned Royalties, such that if legal action required under Section 13.2(b) has not commenced and the infringement is not otherwise abated by the end of the [***] following receipt by CHIRON of the Infringement Notice [***] shall be payable hereunder with respect to the Impacted Product.