Existing Inventory Sample Clauses

Existing Inventory. The Service Fees will be applied to on-hand inventory that Cardinal purchased from Supplier prior to the Effective Date, for example, if Cardinal has 60 days of inventory on-hand on the Effective Date, Supplier will pay a Base Service Fee and a Volume Service Fee with respect to such inventory, to compensate Cardinal for the Services it provided. (i) The term “Net Purchases” means the Invoice Price for a Product without reduction for Cash Discounts, Service Fees or other discounts or rebates multiplied by the total purchases of Product by Cardinal from Supplier less Floor Stock Adjustments, chargebacks and returns. Only Product received by Cardinal will be included in the calculation of Net Purchases.

Existing Inventory. At EPIZYME’s election, EISAI will transfer to EPIZYME such portion of EISAI’s existing inventory of Licensed Products (including clinical trial materials and synthetic intermediates, if applicable) that EPIZYME elects and, with respect to any commercial supply, that is in good and saleable condition, in its original, unopened packaging, at [**].

Existing Inventory. (a) Within 120 days after the date of execution of the Agreement, Myogen shall purchase from HMR and HMR shall deliver to Myogen, approximately [*#*] active ingredient to be used by Myogen for Development. (b) Upon the Transfer Date (as defined in Section 4.1 hereof), Myogen shall purchase from HMR and HMR shall deliver to Myogen, that number of kilograms of Enoximone active ingredient [*#*] as shall be determined by Myogen in its sole discretion upon the Transfer Date. (c) [*#*] of Enoximone active ingredient purchased under this Section 3.7, payment of which shall be made by Myogen within ten (10) business days after the relevant shipment has been dispatched by HMR. HMR will ship the Enoximone "Free Carrier, HMR site Midland, MI, (FCA per INCOTERMS, 1990 version)". [*#*]CONFIDENTIAL TREATMENT REQUESTED

Existing Inventory. Within thirty (30) days after the Effective Date, FBIO shall have the right, at its option, to purchase from Cephalon, and Cephalon shall sell to FBIO if requested in writing by FBIO, all of Cephalon’s and its Affiliates’ existing inventory of Licensed Compounds, *, pursuant to, and in accordance with the terms and conditions set forth in, the Manufacturing and Supply Agreement. In addition, Cephalon shall provide to FBIO at no cost expired inventory of Licensed Compounds up to a maximum of * of such expired inventory. The Parties will mutually agree upon the cost for any expired inventory of Licensed Compounds in excess of * that FBIO desires to purchase.

Existing Inventory. In the event this Agreement is terminated in its entirety, at EPIZYME’s election, CELGENE will transfer to EPIZYME such portion of CELGENE’s existing inventory of Terminated Products (including clinical trial materials and synthetic intermediates, if applicable), as applicable, for the Terminated Country(ies) that EPIZYME elects and, with respect to any commercial supply, that is in good and saleable condition, in its original, unopened packaging, at the transfer price paid by CELGENE for such Terminated Product if CELGENE sourced such Terminated Product from a Third Party, plus [**] percent ([**]%) or at CELGENE’s direct manufacturing cost plus [**] percent ([**]%) if CELGENE or any of its Affiliates Manufactured the Terminated Product.

Existing Inventory. Notwithstanding the termination of a Party’s licenses and other rights under this Agreement or with respect to a particular country(ies) or other jurisdiction(s), as the case may be, but subject to the terms of any Transition Agreement, such Party shall have the right for […***…] after the effective date of such termination with respect to each country(ies) or other jurisdiction(s) with respect to which such termination applies to sell or otherwise dispose of all Product then in its inventory and any in-progress inventory, in each case that is intended for sale or disposition in such country(ies) or other jurisdiction(s), as though this Agreement had not terminated with respect to such country(ies) or other jurisdiction(s), and such sale or disposition shall not constitute infringement of the other Party’s or its Affiliates’ Patent or other intellectual property or other proprietary rights. For purposes of clarity, AbbVie shall continue to make payments on sales permitted under this Section 12.10 as provided in Article 6 (as if this Agreement had not terminated with respect to such country or other jurisdiction).

Existing Inventory. Notwithstanding the termination of ▇▇▇▇▇▇’▇ licenses and other rights under this Agreement or with respect to a particular Major Market or country(ies) or other jurisdiction(s), as the case may be, but subject to the terms of any Transition Agreement, Abbott shall have the right for […***…] after the effective date of such termination with respect to each Major Market or country(ies) or other jurisdiction(s) with respect to which such termination applies to sell or otherwise dispose of all Licensed Compound or Licensed Product then in its inventory and any in-progress inventory, in each case that is intended for sale or disposition in such Major Market or country(ies) or other jurisdiction(s), as though this Agreement had not terminated with respect to such Major Market or country(ies) or other jurisdiction(s), and such sale or disposition shall not constitute infringement of Galapagos’ or its Affiliates’ Patent or other intellectual property or other proprietary rights. For the avoidance of doubt, Abbott shall continue to make payments thereon as provided in Article 6 (as if this Agreement had not terminated with respect to such Major Market or country or other jurisdiction).

Existing Inventory. Servier shall only purchase from XOMA, and XOMA shall sell to Servier, XOMA’s existing inventory of phase 2 clinical materials and XOMA’s existing inventory of phase 3 clinical materials that are necessary and suitable for the performance of clinical studies by Servier. Servier shall purchase such inventory reasonably in advance of the time Servier intends to use such inventory pursuant to a forecast to be agreed by the Parties.

Existing Inventory. As of the Execution Date, AstraZeneca or its Affiliates own at least [...***...] units of the Product packaged for commercial sale in the Horizon Territory and at least [...***...] units of the Product to be distributed as samples in the Horizon Territory. All Existing Inventory is useable or saleable in the ordinary course of the Product Business. All Existing Inventory has been manufactured in accordance with cGMP and is of good and marketable quality.