Initial Products Sample Clauses

Initial Products. Focal shall provide to Ethicon reasonable quantities of an Initial Product that is not intended for Commercial Use at a cost equal to Focal's Direct Cost to supply such Initial Product; provided, however, that Ethicon shall not pay Focal less than [*] per unit or per unit or more than [*] per unit for such Initial Product.

Initial Products. In the event that Ethicon assumes the responsibility for the manufacture of an Initial Product pursuant to Section 7(1), then Ethicon shall pay to Focal on a country by country basis in the Territory the following royalties: (A) a royalty of [*] of Net Sales of an Initial Product in a country, if the making, using or selling of such Initial Product by Ethicon, its Affiliates or sublicensees, in such country, (1) is covered by a Valid Claim of an issued patent included in Patents, (2) is covered by a Valid Claim of a patent application included in Patents; provided, however, that if a patent based on such application does not issue within [*] of the First Commercial Sale of such Initial Product in such country, then, commencing with the [*] Anniversary of such First Commercial Sale, Ethicon shall pay to Focal the royalties specified in Section 6(d)(i)(B) on the sale of such Initial Product until such time, if ever, that a patent based on such application issues, in which case the royalty payable by Ethicon on the sale of such Initial Product shall revert to the level specified in this Section 6(d)(i)(A), or (3) would be covered by a Valid Claim of an issued patent or patent application included in Patents but for a joint decision by the parties (other than where such decision was made on the basis that the seeking of such a patent would not be successful due to previously existing patents or prior art) to not obtain or maintain a patent with respect to such Initial Product in such country (collectively, the "Requirements for Full Royalty"). (B) a royalty of [*] of Net Sales of an Initial Product in a country, if the making, using or selling of such Initial Product in such country does not meet any of the Requirements for Full Royalty.

Initial Products. 1. The Purchase Price for Initial Products intended for Commercial Use purchased prior to that date which is the second anniversary of the First Commercial Sale of the first Initial Product in any country in the E.U. shall equal [*] of the Net Selling Price of such Initial Product; provided, however, that if Focal's Direct Cost of supplying such Initial Product to Ethicon is greater than [*] of the Net Selling Price of such Initial Product, then the Purchase Price shall equal [*]. Notwithstanding the foregoing, and any provision in this Agreement pursuant to which the Purchase Price is subject to a reduction, in no event shall the Purchase Price be less than [*] per unit of such Initial Product. 2. The Purchase Price for Initial Products intended for Commercial Use purchased on or after that date which is the [*] of the First Commercial Sale of the first Initial Product in any country in the E.U. shall be (a) the applicable percentage of the Net Selling Price of such Initial Product set forth in Exhibit G, part 1, if (1) but for the fact that Focal is supplying such Initial Product, Ethicon would be obligated to pay a royalty to Focal on the sale of such Initial Product in the Territory pursuant to Section 6(d) and (2) the making, using or selling of such Initial Product in a country in the Territory meets any of the Requirements for Full Royalty, or (b) the applicable percentage of the Net Selling Price of such Initial Product set forth in Exhibit G, part 2, if (1) but for the fact that Focal is supplying such Initial Product, Ethicon would be obligated to pay a royalty to Focal on the sale of such Initial Product in the Territory pursuant to * Confidential treatment has been requested for marked portion

Initial Products. Merck shall pay to Acumen the milestone payments identified in this Section 6.4.1 below, each within thirty (30) days after the first occurrence of the corresponding milestone, for the first Antibody Product and, if the Vaccine Option has been exercised, the first Vaccine Product to reach such milestone: [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***]

Initial Products. During the term of this Agreement, Distributor shall cause the Initial Product Qualified Revenues for each Contract Year to equal or exceed the following amounts ("Minimum Initial Product Revenue"): ***CONFIDENTIAL TREATMENT REQUESTED Contract Year Ending December 15, Minimum Qualified Revenue --------------------------------- --------------------------- 2002 $[ *** ] 2003 $[ *** ] 2004 $[ *** ] 2005 $[ *** ] 2006 $[ *** ] 2007 $[ *** ] 2008 $[ *** ] 2009 $[ *** ] 2010 $[ *** ] 2011 and thereafter $[ *** ] Notwithstanding the foregoing, however, Distributor may permit the Initial Product Qualified Revenues to be less than the Minimum Initial Product Revenue in any Contract Year and in lieu thereof pay to Diamond an amount equal to the difference between such Minimum Initial Product Revenue and the actual Initial Product Qualified Revenues for such Contract Year (the "Additional Initial Product Payment"). If an Additional Initial Product Payment is due hereunder for any Contract Year, and not paid by Distributor within thirty (30) days after the end of such Contract Year, Distributor's exclusivity rights under Section 1.02 of this Agreement shall automatically terminate with respect to all Initial Products (but not other Products, subject to Section 3(a) of this Amendment). Distributor's distribution rights shall then continue with respect to all Initial Products on a non-exclusive basis consistent with Section 3(a) subject to all the remaining terms of this Agreement not inconsistent therewith, which shall remain in full force and effect.

Initial Products. Subject to the terms and conditions hereof, Syncor shall be the exclusive distributor of HumaSPECT(R)/CR and other PerImmune invivo imaging and direct labeled (including linker) antibody conjugated radiotherapeutic products (collectively, the "Product Category") throughout the world. For purposes herein, "Products" shall mean, initially, the Products to be distributed pursuant to this Agreement that are listed on Schedule 1 attached hereto, as may be amended from time to time.

Initial Products. The Parties intend and agree to Develop and Commercialize the Initial Products as outlined in this Agreement and in accordance with the applicable Work Plan for each Product. Such ‘Initial Products’, which are FOBs, are: (a) [**] referred to as [**] for which [**] is the reference brand product and (b) [**] referred to as [**] is the reference brand product.

Initial Products. Oscor agrees to manufacture and sell to Northstar so many of the Products as Northstar shall order in accordance with this Agreement. Oscor shall manufacture, package and ship Products according to the Specifications and Purchase Forecasts referred to in this Agreement.

Initial Products. Product Style