Common use of Bundled Products Clause in Contracts

Bundled Products. Subject to the provisions of this Section 4.3, Medtronic may, at its option, include any Medtronic Licensed Product as a part of a Bundled Product. If Medtronic, its Affiliates or sublicensees sells at a single price or rate, a Bundled Product that includes a Medtronic Licensed Product as well as other products, not all of which if sold individually would be Medtronic Licensed Products, then “Net Sales” with respect to such sales of such Bundled Products shall equal the total sales price of the Bundled Product multiplied by the fraction equal to one (1) minus A/B, where A is the total average selling prices, when separately sold, of the products included in the Bundled Product that are not Medtronic Licensed Products, and B is the total of the average selling prices, when separately sold, of the Medtronic Licensed Products and each of the other products included in the Bundled Product. If the above fraction cannot be determined because a product in the Bundled Product is not sold separately, then the “Net Sales” for the purpose of determining the royalty due for such Bundled Product shall be determined by the Parties in good faith on the basis of the fair market values of the different products included in the Bundled Product.