Common use of Pricing and Volume Commitments Clause in Contracts

Pricing and Volume Commitments. (i) Products Developed Pursuant to the HIV Viral Load Assay Development Project, HIV Viral Load Assay Launch Project, and Any Additional Assay Project. The Company agrees to make available to Low Income People in Developing Countries any Products developed and commercialized pursuant to the HIV Viral Load Assay Development Project, HIV Viral Load Assay Launch Project, and any Additional Assay Project (a) at or below the price set forth in the applicable TPP and (b) in quantities meeting or exceeding those set forth in the applicable SOW (or other applicable global access agreements between the Foundation and the Company). Additionally, other Products developed and distributed by the Company for Public Market Provision in the Challenging Market Countries will be commercialized consistent with the affordability and availability intent of Global Access. In the event that the Foundation notifies the Company of the Foundation’s concerns that the affordability and availability intent of Global Access is being violated in a specific Challenging Market Country, the parties agree to work together in good faith to rectify the concern to the satisfaction of the Foundation. These commitments do not apply to sales of Products used outside of the Developing Countries. (ii) [***] Diagnostic Instrument. The Company will make the [***] Diagnostic Instrument available to serve Low Income People in Challenging Market Countries at an affordable price that is no greater than the maximum price and in at least the minimum volumes set forth in the [***] Target Product Profile. These commitments do not apply to sales of products used outside of Challenging Market Countries or not targeting Low Income People.