Examples of Invoice Supply Price in a sentence
Manufacturer shall invoice Distributor for the Invoice Supply Price together with, or promptly after, each shipment of Product to Distributor.
In the event either Party’s auditors believe there is a discrepancy in the calculation of the amounts due from Distributor to Manufacturer (including the Manufacturing Cost, Invoice Supply Price, Remaining Supply Price and all items used in the calculation thereof, including any Failure to Supply Charges under Section 5.2(c)), that Party’s auditors shall be entitled to take copies or extracts from such records, books of account, information and data during any review or audit.
In the event of any underpayment by Distributor or over charge of the Invoice Supply Price by Manufacturer resulting in a cumulative discrepancy during any calendar year in excess of the greater of [***].
The Secured Party and its representatives shall at all times also have the right to enter into and upon any premises where any of the Collateral is located for the purpose of inspecting the same, observing its use or otherwise protecting its interests therein.
If Manufacturer elects to include such other dosage forms, Manufacturer shall provide Distributor prior written notice of such election (the “Added Product Election”), together with the Invoice Supply Price for such added Product.
The Invoice Supply Price for such added Product shall be determined in accordance with the same criteria as the Invoice Supply Prices set forth in Exhibit 3.2. Following the execution of an Added Product Election, such added Product shall be deemed a “Product” for all purposes hereunder.
All amounts hereunder, including, without limitation, the Invoice Supply Price and the Remaining Supply Price to Manufacturer hereunder shall be (i) expressed and paid in U.S. dollars, and (ii) made by wire transfer to the credit of such bank account as shall [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED.
If Distributor and Manufacturer fail to negotiate a new Invoice Supply Price for the applicable SKU acceptable to both Parties within thirty (30) days after delivery of the Supply Notice, either Party shall have the right to terminate this Agreement with regard to the applicable SKU immediately upon written notice delivered within fifteen (15) days after such initial thirty (30) *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission.
Following the first Commencement Date, and during the remaining Term, Distributor shall pay Manufacturer the Supply Price for the Products on an SKU basis, consisting of the Invoice Supply Price, the [***] and any applicable [***].
Distributor shall pay Manufacturer’s invoices for the Invoice Supply Price of each Product: (A) within [***] days after the date of First Commercial Sale of the Product if Manufacturer ships the Product prior to such First Commercial Sale or if Manufacturer ships the Product within [***] days after such First Commercial Sale; and (B) within [***] days from the date of invoice for shipments of such Product thereafter.