Common use of BUNDLING AND PRICING Clause in Contracts

BUNDLING AND PRICING. Agilent will, subject to the next following sentence, establish prices for Collaboration Products exclusively offered by Agilent that reflect in good faith the fair market value of each such Collaboration Product. Rosetta will establish the prices * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. for the Resolver Platform and maintenance and support contracts for the Resolver Platform and will otherwise assist Agilent in establishing prices for Resolver configurations and Oligo Set Design Services based on similar fair market value considerations. The Parties further understand and agree that certain Collaboration Products may be sold together as a kit or separately, as customers may require from time to time. In the event Collaboration Products bearing different royalty rates and non-royalty bearing Collaboration Products are sold together as a package, royalties shall be calculated based on that portion of the total purchase price reasonably determined by the Parties to be allocable to such royalty-bearing Collaboration Products taking into consideration the purchase price therefor when sold separately.

Appears in 2 contracts

Sources: Collaboration Agreement (Rosetta Inpharmatics Inc), Collaboration Agreement (Rosetta Inpharmatics Inc)