Unlicensed Unit Sales definition

Unlicensed Unit Sales and "Barrier Unit Sales" shall be deemed to mean the total grams of the active ingredient itraconazole contained in the third party product (irrespective of dosage form) and the Itraconazole Product (irrespective of dosage form), respectively, as reflected on the label of each such Itraconazole Product and third party product; and (ii) Unlicensed Unit Sales shall be determined by the sales reports of IMS America Ltd. of Plymouth Meeting, Pennsylvania ("IMS") or any successor to IMS or any other independent sales auditing firm selected by Barrier and reasonably acceptable to JPPLP. Barrier shall bear all costs of providing JPPLP with such information. If Barrier is entitled to a royalty reduction based on Unlicensed Unit Sales pursuant to this Section 4.4 for any royalty reporting period, Barrier shall submit the sales report of IMS or such other independent firm, as applicable, for the relevant royalty reporting period to JPPLP, together with Barrier's or its Affiliates' or sublicensees' sales report for the relevant royalty reporting period. Such sales reports for each royalty reporting period in which Barrier is entitled to such royalty reduction shall be submitted with the royalty report for such royalty reporting period submitted pursuant to Section 4.7.
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Unlicensed Unit Sales shall have the meaning set forth in Subsection 3.3(g)(i) hereof.
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Unlicensed Unit Sales and "OBI Unit Sales" shall be deemed to mean the total grams of BMP-7 contained in the Third Party product (irrespective of dosage form) and the Licensed Product (irrespective of dosage form), respectively, as reflected on the label of each such Licensed Product and Third Party product; and (ii) Unlicensed Unit Sales shall be determined by the sales reports of IMS America Ltd. of Plymouth Meeting, Pennsylvania ("IMS") or any successor to IMS or any other independent sales auditing firm selected by OBI and reasonably acceptable to CURIS. OBI shall bear all costs of providing CURIS with such information. If OBI is entitled to a royalty reduction based on Unlicensed Unit Sales pursuant to this Section 5.3(b) for any Royalty Reporting Period, OBI shall submit the sales report of IMS or such other independent firm, as applicable, for the relevant Royalty Reporting Period to CURIS, together with OBI's or its Sublicensees' sales report for the relevant Royalty Reporting Period. Such sales reports for each Royalty Reporting Period in which OBI is entitled to such royalty reduction shall be submitted with the royalty report for such Royalty Reporting Period submitted pursuant to Section 5.7.
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Examples of Unlicensed Unit Sales in a sentence

  • Product in such country in the same royalty reporting period, the royalty rate on Net Sales shall be reduced in such country in accordance with the percentages below and such lower royalty rate shall then apply on the Net Sales in such country as long as the Unlicensed Unit Sales amount to the particular percentage of Barrier's Unit Sales of the Itraconazole Product in such country in the same royalty reporting period.

  • However, where a material in the European Pharmacopoeia or in the national pharmacopoeia has been prepared by a method liable to leave impurities not controlled in the pharmacopoeia monograph, these impurities and their maximum tolerance limits must be declared and a suitable test procedure must be described.

  • Unlicensed Unit Sales Royalty Rate Reduction* (as a % of Xxxxxxx Unit Sales) (% of Royalty Rate) ------------------------------ ------------------- [* *] [* *] [* *] [* *] [* *] [* *] * A royalty rate reduction will, however, only be applicable if Xxxxxxx also experiences a decrease in Net Sales of the applicable Licensed Product in that country from the Net Sales of the applicable Licensed Product in the same royalty reporting period in the previous calendar year in the same country.

  • Unlicensed Unit Sales Royalty Rate Reduction* (as a % of JPPLP Unit Sales) (% of Royalty Rate) ---------------------------- ------------------------ [**] * A royalty rate reduction will, however, only be applicable if JPPLP also experiences a decrease in Net Sales in an amount greater than [**] of the applicable Itraconazole Product in that country from the Net Sales of the applicable Itraconazole Product in the same royalty reporting period in the previous calendar year in the same country.

Related to Unlicensed Unit Sales

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

  • Licensed Product means a product or part of a product in the Licensed Field of Use: (A) the making, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent; or (B) which is made with, uses or incorporates any Technology.

  • 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.

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

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

  • Biosimilar Product means, with respect to a Licensed Product and on a country-by-country basis, a product that [***].

  • licensed distributor means any holder of a distribution licence.

  • Competing Product means [***].

  • Royalty Product means, either (a) an Alnylam Royalty Product, or (b) an Inex Royalty Product.

  • Royalty-Bearing Product means (a) any Product that is not a Co-Developed Product and (b) any Co-Developed Product to the extent sold outside of the Co-Development Territory.

  • Licensed service area means the geographic area in which

  • Licensed Service means a service provided using Licensed Products or Licensed Methods, including, without limitation, any such service provided in the form of contract research or other research performed by Licensee on behalf of a third party.

  • 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.

  • Hemp products means all products made from industrial hemp,

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Bundled Product means Product sold together with any other product(s) or service(s) at a single unit price, whether packaged together or separately, and which other product(s) or service(s) have material independent value from Product itself.

  • Licensed Nurse means an Oregon licensed practical or registered nurse.

  • Vapor product means any:

  • Generic Product means a product which (a) contains as its active pharmaceutical ingredient a compound that is (or is substantially the same as) the Licensed Compound, and (b) has been placed on the market pursuant to a validly granted marketing authorization.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • 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.

  • Covered Product The consumer product that You purchased concurrently with and is covered by this Agreement.

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Licensed Compound means [***].

  • Licensed Field means [***].

  • complex product means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product.