Common use of Pricing Matters Clause in Contracts

Pricing Matters. Notwithstanding anything in this Agreement to the contrary, BMS may elect not to pursue a product registration for a Licensed Product or market a Licensed Product in any country in the European Union because the government-approved reimbursement price or government fixed price in such country is substantially lower than the price BMS is selling or proposes to sell such Licensed Product for in other countries in the Territory. In such event, BMS shall notify PROGENICS of such and PROGENICS shall not have the right and option to terminate this Agreement as to such country pursuant to Section 10.2; provided that BMS shall use its best efforts to obtain a satisfactory government-approved reimbursement price or government fixed price in such country.