Marketing Party definition

Marketing Party is defined in Section 5.01.

Marketing Party shall provide the other Party ("Non-Marketing Party") with its good faith estimates ("Estimates") of [ * ] expected in all countries within the Marketing Party's Exclusive Territory during the remaining portion of the fiscal year in which sales of such Product are commenced, on a quarterly basis. In addition, the Marketing Party shall at the same time provide the Royalty Rate (as defined in Section 6(f)) calculated pursuant to Section 6(f) using the Estimates. The Marketing Party shall also provide supporting information appended to the Estimates, clearly setting forth the assumptions made and calculations used in deriving the Royalty Rate (the "Supporting Calculations"). At least [ * ] prior to the beginning of each [ * ], the Marketing Party shall provide the Non-Marketing Party with its Estimates [ * ], together with the Supporting Calculations.

Marketing Party has the meaning set forth in the Preamble.

Examples of Marketing Party in a sentence

• The party designating a Hotel as a Non-Economic Hotel (“Marketing Party”) shall market such Non-Economic Hotel for sale and any costs incurred by the Marketing Party or any other Person in connection with such marketing activities and the sale of such Hotel shall be paid out of the net proceeds of such sale.

• Screening methodologies are employed to ascertain that the individuals receiving preference for assistance are either elderly or adults with disabilities and in most need.

• If Manager is the Non-Marketing Party, Manager shall have a right of first refusal to purchase such Non-Economic Hotel on the terms of the offer by notice given to the Marketing Party within seven (7) Business Days after receipt of such notice and other information from the Marketing Party.

• If a Non-Economic Hotel is marketed for sale in accordance with Section 5.01 and the Marketing Party receives an offer therefor which it wishes to accept on behalf of the relevant Owner and relevant Landlord, the Marketing Party shall give the relevant Owner, or the Manager, as the case may be (the “Non-Marketing Party”), prompt notice thereof, which notice shall include a copy of the offer and any other information reasonably requested by the non-Marketing Party.

• If an Owner is the Non-Marketing Party, such Owner, on behalf of the relevant Landlord, may reject the offer by notice given to the Marketing Party within seven (7) Business Days after receipt of such notice and other information from the Marketing Party, in which event the Non-Economic Hotel shall be deemed to have been sold to the relevant Landlord on the date, at the price and on the other terms contained in the offer.

More Definitions of Marketing Party

Marketing Party with respect to such Product pursuant to Section 6(f), until such loss is fully liquidated.

Marketing Party means Dyax with respect to the Dyax Territory, and CAT with respect to the CAT Territory.

Marketing Party has the meaning set forth in Section 6.5.4.

Marketing Party means the Party designated by the JSC as responsible for obtaining Regulatory Approval and for marketing, sales and distribution of a Collaboration Product within a particular country or region, as set forth in Sections 7.2, 7.3 and 7.4.

Marketing Party means any authenticating agent, determination agent, purchase agent, remarketing agent, tender agent or other similar party relating to the marketing or remarketing of the Bonds, or the determination of the interest rate thereon.

Marketing Party means the Party designated under this Agreement as having specific responsibilities for marketing, sales and distribution of a Product within a particular country, as set forth in Section 5.4.

Marketing Party has the meaning set forth in Section 6.5.4. "Marketing Reports" has the meaning set forth in Section 3.3.2. "Marketing Rights" has the meaning set forth in Section 6.2. "NDA" means a New Drug Application as such is defined by the FDA. "Neoral" means Neoralâ (cyclosporine for microemulsion) capsules and oral solution, the labeling of which the FDA has ordered changed to Neoralâ (Cyclosporine Capsules or Oral Solution, USP [Modified]), which is currently marketed by Novartis. "Net Distribution Margin" for a period means, with respect to each Product, the Net Sales for such Product less (i) Manufacturing Cost and (ii) Distribution Expenses; provided however with respect to Net Distribution Margin for SangCya, Manufacturing Costs and Distribution Expenses for CycloTech units and fluid paths distributed shall be included in the Manufacturing Costs and Distribution Expenses for SangCya, provided such units and fluid paths are distributed free of charge. "Net Sales" for a period means, with respect to each Product, the gross amount actually invoiced in that period with respect to the Product sold by Distributor or any Affiliate of a Distributor to any unaffiliated third party (excluding free samples) in the Territory, less: cash discounts actually given; credits or allowances actually given or made on account of price adjustments, rebates (including, but not limited to, Medicaid or other government programs, chargebacks, and contractual agreements), returns, and allowance for bad debts; taxes on sales (such as sales, use, VAT, or similar taxes), whether or not separately stated on customer invoice; and separately stated (on customer invoice) delivery charges actually paid to third party carriers (including transportation and insurance costs); all as determined in accordance with generally accepted accounting principles. Bona fide Stock Package Request Units and clinical trial units of Product shall not be included in any calculations of Net Sales. With respect to (a) and (b) above, any such discounts, credits, allowances, adjustments, rebates, chargebacks, volume reimbursements, etc., granted by a Party in consideration of a third party's agreement to purchase any other product(s) shall not be included in the calculation of Net Sales unless and only to the extent that such discounts, credits, allowances, adjustments, rebates, chargebacks, volume reimbursements, etc., are consistent with the discounts, credits, allowances, adjustments, rebates, chargebacks, volume...