Reduction for Generic Competition Sample Clauses

Reduction for Generic Competition. If a Third Party sells a product that contains the same Compound, Derivative or Additional Licensed Compound as found in the Licensed Product sold in a country in the Territory, then VIA’s royalty obligations to Roche under Sections 4.1 and 4.3 with respect to sales in such country shall be reduced as follows: ***.

Reduction for Generic Competition. (i) If one or more Generic Products exist with respect to a Therapeutic Product and such Generic Product(s) is(are) marketed and sold in a given country by one or more Third Parties during any calendar quarter during the Royalty Term or the Co-Promote Royalty Term, as applicable, and Net Sales of such Therapeutic Product during such calendar quarter have decreased by [**] percent ([**]%) or more, but less than [**] percent ([**]%) (“[**]% Market Erosion”), relative to Net Sales of such Therapeutic Product in such country during the calendar quarter immediately prior to the calendar quarter during which such Generic Product(s) is(are) first marketed and sold in such country (as such, the “Baseline Net Sales”), then the royalty rate for such Therapeutic Product in such country, on a Therapeutic Product-by-Therapeutic Product and country-by-country basis, shall be reduced to [**] percent ([**]%) of the applicable royalty rate set forth in Section 8.4(a), 8.4(b) 8.4(c) or 8.4(f). (ii) If one or more Generic Products exists with respect to a Therapeutic Product and such Generic Product(s) is(are) marketed and sold in a given country by one or more Third Parties during any calendar quarter during the Royalty Term or Co-Promote Royalty Term, as applicable, and Net Sales of such Therapeutic Product during such calendar quarter have decreased by fifty percent ([**]%) or more (“[**]% Market Erosion”) relative to the Baseline Net Sales of such Therapeutic Product, then the royalty rate for such Therapeutic Product in such country, on a Therapeutic Product-by-Therapeutic Product and country-by-country basis, shall be reduced to [**] percent ([**]%). (iii) For purposes of clarity, if Generic Product(s) with respect to a Therapeutic Product are no longer marketed and sold in a given country, or Net Sales of the Therapeutic Product in a given country for any calendar quarter reaches a level that is greater than [**] percent ([**]%) of the Baseline Net Sales, then any reduction in royalty rate under this Section 8.4(g) shall no longer apply as long as Net Sales of that Therapeutic Product reach a level greater than [**] percent ([**]%) of the Baseline Net Sales.

Reduction for Generic Competition. With respect to any country in the Territory where a Product is a Generic Product, the royalties payable to BMS under Section 5.2 with respect to Net Sales of such Product in such country shall be reduced by 50%, commencing with the calendar quarter during which such Product first becomes a Generic Product in such country. Such reduction shall be in lieu of any other reduction with respect to such royalties under this Agreement to which SGI otherwise would be entitled.

Reduction for Generic Competition. With respect to any country in the Territory where a product that is a Generic Product is being marketed by a Third Party or Parties, the royalties payable to Inspire under Section 6.3 with respect to Net Sales of the Product in such country shall be reduced by [CONFIDENTIAL TREATMENT REQUESTED], commencing with the calendar quarter during which such product becomes a Generic Product in such country.

Reduction for Generic Competition. On a country-by-country basis, and on a Product-by-Product basis, provided that the Royalty Term is still in effect, the royalties due to Unum under this Section 11.9 for the immediately following calendar quarter for the relevant Product and country in the Licensed Territory will be reduced if there is “Generic Competition” resulting in loss in market share (by units sold) of each component of such Product in such country in the Licensed Territory according to the following scale:

Reduction for Generic Competition. Subject to Section 8.5.5 (Minimum Floor), on a Licensed Product-by-Licensed Product and country-by-country basis, if, during the Royalty Term for such Licensed Product in such country, one or more Generic Products with respect to such Licensed Product is approved for sale or otherwise is sold in such country in a given Calendar Quarter (the date of such first sale of a given Generic Product, such Generic Product’s “Generic Entry Date”), then, if, in any given Calendar Quarter after the first Generic Entry Date in such country, there has been a reduction in Net Sales of such Licensed Product in such country of more than [***]% as compared to the averaged Net Sales of such Licensed Product in such country over the [***] Calendar Quarters immediately preceding the first Generic Entry Date in such country, then, commencing in the first full Calendar Quarter following such Calendar Quarter, the Net Sales of such Licensed Product in such country used to calculate Royalties due for such Licensed Product in such country in accordance with Section 8.4 (Royalties) will be reduced by [***]% [***].

Reduction for Generic Competition. In the event that a product that is a Generic Product is being marketed by a Third Party or Parties in any country in which a Party is selling the Product, the royalties payable to a Party under Section 7.4 with respect to Net Sales of the Product shall be reduced based upon the [ * ]. 7.5.1 The [ * ] calculation provisions set forth in Section 7.5 shall be subject to [ * ] reconciliation, to be completed within [ * ] days of the end of each [ * ] month period following the initial marketing of a Generic Product in a country ("Generic Entry"). The total annual royalty payment due will be determined by comparing actual aggregate Net Sales for [ * ] period after Generic Entry to the aggregate Net Sales for the [ * ] period prior to Generic Entry (the "Baseline") and by calculating [ * ] from the Baseline for such year. In the event such reconciliation reveals an overpayment or underpayment to a Party, DUSA or PN, as the case may be, shall pay to the other Party the amount of the discrepancy within [ * ] days after determination of the discrepancy amount.

Reduction for Generic Competition. Subject to Section 7.3(c)(iv), on a Licensed Product-by-Licensed Product and country-by-country basis, upon the First Commercial Sale of any Generic Product, as from the first Calendar Quarter this Section 7.3(c)(ii) applies, the applicable royalty 18

Reduction for Generic Competition. With respect to any country in the Territory where a Product is a Generic Product, the royalties payable to BMS under Section 5.2 with respect to Net Sales of such Product in such country shall be reduced. The amount of such reduction shall be determined by reference to the following table and the market penetration, which Third Party or Parties have, in the aggregate, achieved through sales of such Generic Product, shown as a percentage of the unit volume of sales for such Product in any calendar quarter in such country, as measured by IMS, commencing with the calendar quarter during which such Product first becomes a Generic Product in such country. Such reduction shall be in lieu of any other reduction with respect to such royalties under this Agreement to which NeoTherapeutics otherwise would be entitled. MARKET PENETRATION ROYALTY REDUCTION ------------------ ----------------- 20% 50% 30% 75% 40% 100%