NET SERVICE REVENUES means gross service revenues and fees billed by Company or any AFFILIATED COMPANY for the performance of LICENSED SERVICE(S) less sales, use or other similar taxes imposed upon and with specific reference to the LICENSED SERVICE(S), but only where LICENSED SERVICES are sold or used separately from the manufacture or sale of a LICENSED PRODUCT. In the event that Company or any AFFILIATED COMPANY sells a LICENSED SERVICE(S) in combination with other services or substances or as part of a kit that does not include a LICENSED PRODUCT, the NET SERVICE REVENUES for purposes of royalty payments shall be based on that portion of the sales revenues and fees derived from that component of the combination or kit which could independently be sold as a LICENSED SERVICE.
NET SERVICE REVENUES means the gross invoice price for the Licensed Services performed by ED (or the fair market value for any nonmonetary consideration which ED agrees to receive in exchange for Licensed Services), less the following deductions where they are factually applicable and are not already reflected in the gross invoice price:
a) discounts allowed and taken, in amounts customary in the trade (which shall include the difference between the dollar amount charged by ED for a Licensed Service and the Medicare and/or Medicaid Limits of Allowance and/or reimbursement limitations of a Third Party insurance program); and
b) actual bad debt which bad debt ED can prove and document that it was reasonable and diligent in its efforts to collect payment.
1.8.1 The Net Service Revenues of those Licensed Services that are performed by ED for any person, firm or corporation controlling, controlled by or under common control with ED, or enjoying a special course of dealing with ED, shall be determined based on the average selling price of such Licensed Services to all Third Parties during the period in question.
1.8.2 It is hereby understood and agreed that, to the extent feasible, Licensed Services and Combination Services shall at all times be invoiced, listed and billed by ED as a separate item in ED’s invoices, bills and reports to customers. Net Service Revenues for determining royalties with respect to a Licensed Service which is part of a Combination Service shall be determined by multiplying the gross invoice price of the Combination Service, less applicable deductions, by the appropriate fraction in Attachment II hereto. The fraction specified in Attachment II for a particular Licensed Service included in a Combination Service shall be set by RMS after consultation with ED, as accurately reflecting the value contributed by the Licensed Service to the overall value of the Combination Service as offered by ED, and as provided in Section 2.4. Attachment II hereto shall be modified as new Combination Services are identified and new royalty-bearing fractions set, and as set forth in Section 2.4.
NET SERVICE REVENUES means the revenues from any use of a GDNF Product in the provision of a service performed by or for AMT and its Affiliates and Sublicensees, to the extent not taken into account as Net Sales, less the total of the following charges or expenses as determined in accordance with IFRS, in each case as they relate to the provision of such service using a GDNF Product during such time period: (i) trade, cash, prompt payment and/or quantity discounts including promotional or service discounts; (ii) allowances, rebates, chargebacks, or payments to government agencies; and (iii) fees paid to selling agents (excluding any representatives of AMT or any of its Affiliates or Sublicensees), group purchasing organizations and managed care entities or similar types of organizations. Notwithstanding the foregoing, the Parties intend that Net Service Revenues exclude amounts invoiced for or revenues attributable to services ancillary to the delivery or use of GDNF Products including surgical procedures, hospital stays or the like, as well as amounts invoiced for devices sold in connection with any GDNF Product. If AMT (or its Affiliates or Sublicensees) uses a GDNF Product in connection with the provision of a service to a Third Party to whom it also provides other products or services (including any device used or sold in connection with such GDNF Product), AMT (and its Affiliates and Sublicensees) shall not price, discount or otherwise offer (including bundling) the GDNF Product in any way that benefits such other products or services at the expense of such GDNF Product or otherwise disadvantages Amgen with respect to royalties that would be paid to Amgen hereunder. In all events, AMT (and its Affiliates and Sublicensees) shall price and offer services using GDNF Products hereunder in a manner consistent with standard practices in the pharmaceutical industry and applicable Law. Where AMT (or its Affiliates or Sublicensees) uses a GDNF Product in a Bundle in connection with the provision of a service to a Third Party, then for the purposes of calculating the Net Service Revenues under this Agreement, such service shall be deemed to be provided for an amount equal to (X/(X+Y)) * Z, where: X is the average sales price during the applicable reporting period for the services in relation to such GDNF Product being provided alone (or, should more than one GDNF Product be included in a Bundle with a pharmaceutical product other than a GDNF Product, the sum of such average sales p...
Examples of NET SERVICE REVENUES in a sentence
Royalty Reports shall disclose the amount of LICENSED PRODUCT(S) and LICENSED SERVICE(S) sold, the total NET SALES and NET SERVICE REVENUES of such LICENSED PRODUCT(S) and LICENSED SERVICE(S), and the running royalties due to JHU as a result of NET SALES and NET SERVICE REVENUES by Company, AFFILIATED COMPANIES and SUBLICENSEE(S) thereof.
Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement.
All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU, but shall be deducted from gross sales revenues and fees and gross service revenues and fees in the calculation of NET SALES and NET SERVICE REVENUES to the extent such taxes have been included in gross sales revenues and fees and gross service revenues and fees.
Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company, AFFILIATED COMPANIES and SUBLICENSEE(S), based on NET SALES and NET SERVICE REVENUES for the term of this Agreement.
Company shall provide to JHU within thirty (30) days of the end of each March, June, September and December after the EFFECTIVE DATE of this Agreement, a written report to JHU of the amount of LICENSED PRODUCT sold, and LICENSED SERVICE sold, the total NET SALES and NET SERVICE REVENUES of such LICENSED PRODUCT and LICENSED SERVICE, and the running royalties due to JHU as a result of NET SALES and NET SERVICE REVENUES by Company, AFFILIATED COMPANIES and SUBLICENSEE thereof.
More Definitions of NET SERVICE REVENUES
NET SERVICE REVENUES means actual xxxxxxxx by EXACT for the performance of Diagnostic Services less the following deductions to the extent that they are applicable and are not already deducted in the actual xxxxxxxx: (i) discounts allowed and taken, in amounts customary in the trade; (ii) sales and/or use taxes and/or duties imposed upon and with specific reference to particular sales.
NET SERVICE REVENUES means gross service revenues and fees billed by Company or AFFILIATED COMPANY for the performance of LICENSED SERVICE less sales and/or use taxes imposed upon and with specific reference to the LICENSED SERVICE. In the event that Company or AFFILIATED COMPANY sells a LICENSED SERVICE in combination with other services or substances or as part of a kit, the NET SERVICE REVENUES for purposes of royalty payments shall be based on the sales revenues and fees received from the entire combination.
NET SERVICE REVENUES means gross service revenues and fees billed by Company for the performance of LICENSED SERVICE(S) less sales and/or use taxes imposed upon and with specific reference to the LICENSED SERVICE(S) in combination with OTHER MARKER(S). In the event that Company sells a LICENSED SERVICE(S) in combination with OTHER MARKERS, the royalty rate for purposes of royalty payments on the combination shall be calculated by multiplying the royalty rate as defined in Paragraph 4.3 by *** . In no event shall the royalty rate used to calculate the royalty payment on the combination fall below ***%. In the event that Company sells a LICENSED SERVICE that does not combine OTHER MARKER(S) with JHU MARKER(S), the royalty rate for purposes of royalty payments under Paragraph 4.3 is as provided in Exhibit A *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission. LAP-JHU Ref. 9328 3 of 14 12/20/2006
NET SERVICE REVENUES means the Gross Revenues of Sigma6 for any period less (i) all bad debt expense for such period; and (ii) any revenues from the sale of any assets of Sigma6 during such period outside the Ordinary Course of Business.
NET SERVICE REVENUES means gross service revenues and fees actually received by Company, AFFILIATED COMPANY and/or SUBLICENSEE(S) for the performance of LICENSED SERVICE(S) less trade discounts allowed, refunds, rebates (price reductions, including Medicaid and similar types of rebates, e.g. chargebacks), returns and recalls, sales and use taxes, duties and similar governmental assessments imposed upon and with specific reference to the LICENSED SERVICE(S) and transportation, packing and shipping insurance actually paid by seller and/or charged by seller to the buyer; provided, however, that if Company, AFFILIATED COMPANY and/or SUBLICENSEE(S) provides a LICENSED SERVICE(S) utilizing a PANEL, the gross sales revenues and fees attributable thereto shall be allocated on a pro rata basis among each assay comprising such PANEL, and NET SERVICE REVENUES for purposes of royalty payments shall be determined and calculated separately for each such assay hereunder (as independent products, services or, if an individual assay includes Other Components, combination products and/or services). In the event that Company, AFFILIATED COMPANY and/or SUBLICENSEE(S) sells a LICENSED SERVICE(S) in combination with other services or Other Components or as part of a kit (“Other Items”), the NET SERVICE REVENUES for purposes of royalty payments shall be calculated as follows:
(a) If all LICENSED SERVICE(S) and Other Items contained in the combination are available separately, the NET SERVICE REVENUES for purposes of royalty payments will be calculated by multiplying the NET SERVICE REVENUES of the combination by the fraction A/A+B, where A is the separately available price of all LICENSED SERVICE(S) in the combination, and B is the separately available price for all Other Items in the combination.
(b) If the combination includes Other Items which are not sold separately (but all LICENSED SERVICE(S) in the combination are available separately), the NET SERVICE REVENUES for purposes of royalty payments will be calculated by multiplying the NET SERVICE REVENUES of the combination by A/C, where A is the separately available price of all LICENSED SERVICE(S) in the combination and C is the invoiced price of the combination (or pro rata portion thereof attributable to the assay, if applicable); provided that COMPANY may elect instead, in its discretion, to calculate NET SERVICE REVENUES in accordance with Section 1.9(a), where B is the separately available price for all Other Items for which a separately a...
NET SERVICE REVENUES means actual revenues received for the performance of LICENSED SERVICE less sales and/or use taxes imposed upon and with specific reference to the LICENSED SERVICE, trade discounts allowed, refunds and rebates. If a LICENSED SERVICE is offered in combination with another service or services, NET SERVICE REVENUES for purposes of determining royalties on the LICENSED SERVICE shall be calculated by multiplying the NET SERVICE REVENUES (as defined above, but applied to the combination services), by the fraction A/(A+B), where A is the invoice price of the LICENSED SERVICE and B is the invoice price of the other service or services in the combination if sold separately. 1.14 "MATERIAL" shall mean any material or substance which is TECHNOLOGY. 1.15 The term "PATENT RIGHT(s)" shall mean any patent application or patent or equivalent thereof, anywhere in the world including, but not limited to any division, continuation, or continuation-in-part, re-examination, reissue or extension issuing thereon, which is owned by CBA and contains one or more claims to any TECHNOLOGY. 1.16 The term "PRINCIPAL INVESTIGATOR" shall mean Xx. Xxxxxxx Cancedda a professor of the University of Genoa, at the Faculty of Medicine, who has been appointed Laboratory
NET SERVICE REVENUES means gross invoice price for the LICENSED SERVICES performed by ELI (or the fair market value for any nonmonetary consideration which ELI agrees to receive in exchange for LICENSED SERVICES), less the following deductions where they are factually applicable and are not already reflected in the gross invoice price: