Supply Price Clause Samples

Supply Price. In event BTC exercises the Supply Option, the Supply Agreement shall afford Auxilium supply terms for Year 1 that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for the year immediately preceding the Supply Date and supply terms for each successive year that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for each preceding year as applicable.

Supply Price. Any supplies obtained from third parties sold by Toppan to the Company in connection with the provision of the Services shall be sold without any ▇▇▇▇-up and at the price that Toppan paid for such supplies.

Supply Price. 12.1. Unless otherwise specified in the Supply Agreement, all rates and lump sum prices specified in the Purchase Order are: a) fixed and not subject to the rise or fall in costs; b) in Australian Dollars; c) exclusive of GST; d) inclusive of any costs associated with travel, transport, delivery, mobilisation and demobilisation with respect to the Goods or Supply Personnel; e) With respect to Goods, inclusive of any ongoing costs for fuel, maintenance, spare parts, labour for servicing and other similar or applicable operation costs; f) With respect to the Supply Personnel, inclusive of any overtime or shiftwork, breaks, annual leave, sick leave or other contractual or statutory entitlements payable to the Supply Personnel; and g) inclusive of all other direct and indirect taxes, levies, duties, costs and charges, including but not limited to those related to the emission of greenhouse gases. 12.2. Unless otherwise specified in the Supply Agreement, CEM shall be responsible for the accommodation, messing and meals for the Supply Personnel while onsite.

Supply Price. 8.15.1. AstraZeneca shall charge Impax on a per unit basis a supply price for each Supplied Product mode of administration and dosage strength (the “Supply Price”), which Supply Price initially shall be the applicable amount set forth in Schedule 8.15. 1. [***]. During the Supply Term, AstraZeneca shall use reasonable efforts, consistent with the timing of its internal budget cycle, (i) to notify Impax on or before [***] of each Calendar Year for budget planning purposes of a preliminary Supply Price (including the Selected Manufacturing Costs contained in such Supply Price) for each Supplied Product mode of administration and dosage strength for the following Calendar Year, and (ii) to promptly notify Impax (in no event later than [***] of each Calendar Year) of the Supply Price (including the Selected Manufacturing Costs contained in such Supply Price) for each Supplied Product mode of administration and dosage strength for the following Calendar Year. Concurrently with the notice of each Supply Price increase or decrease (whether preliminary or final), AstraZeneca shall provide reasonable evidence to Impax of [***]in the Selected Manufacturing Costs for each Supplied Product mode of administration and dosage strength. (i) If the Selected Manufacturing Costs for any dosage strength of Zomig Tablets increase on a per unit basis by more than [***] in any Calendar Year compared to the immediately preceding Calendar Year (the amount of such excess Selected Manufacturing Cost increase above [***], the “Royalty Tablet Offset Amount”), then beginning on the date of such increase, the royalties payable by Impax pursuant to Section 7.2 on Zomig Tablets for each Calendar Quarter in the applicable Calendar Year shall be reduced by the Royalty Tablet Offset Amount attributable to those units of Zomig Tablets purchased by Impax at the applicable Supply Price during such Calendar Quarter; provided that the Royalty Tablet Offset Amount shall not exceed [***] on a per unit basis of the immediately preceding Calendar Year’s Selected Manufacturing Costs for such Zomig Tablets. If the Selected Manufacturing Costs for any formulation or dosage of Zomig Tablets increases by more than [***] on a per unit basis in any Calendar Year compared to the immediately preceding Calendar Year, then Impax shall have the right to terminate this Agreement as provided in Section 14.3.3. (ii) If the Selected Manufacturing Costs for any dosage strength of Zomig-ZMT increase on a per unit basi...

Supply Price. Subject to the terms and conditions of the Supply Agreement, MDCO shall acquire Product from Eagle at the Supply Cost.

Supply Price. Subject to Article 4.3, the Supply Price shall equal (***) of Paladin's Net Sales of the Product in the Territory, calculated as provided in Article 4.2(b) below. a. In order to enable the parties to sell and purchase the Product prior to the time in which Paladin's Net Sales for a Sales Quarter are determined, Paladin shall pay for Product ordered, delivered and accepted pursuant to Article 5 below based upon an interim "Transfer Price," which shall be equal to (***) of Paladin's estimated average net selling price per unit for the Product in the Territory. Paladin shall advise VIVUS no later than forty-five (45) days prior to the start of each Sales Year during the term of this Agreement of Paladin's estimated average net selling price per unit of Product in the Territory for the coming Sales Year, and the Transfer Price for that Sales Year shall be based upon such price, subject to any adjustment required under Article 4.2(b) below. b. The parties shall conduct a reconciliation no later than forty-five (45) days after the end of each Sales Quarter, in order to determine whether one party owes the other party any amount in connection with the sale and purchase of the Product in that Sales Quarter, based upon the difference (if any) between the respective Transfer Price and the Supply Price for that Sales Quarter. For the purposes of such reconciliation, Paladin shall provide to VIVUS a statement of Paladin's sales in units in the Territory, and of Paladin's Net Sales in the Territory and in local currency as well as in U.S. dollars, converted pursuant to Article 4.6 below. In the event that one party owes the other party any amount in accordance with this Article 4.2(b), the owing party shall pay such amount within thirty (30) days of the date upon which the parties have agreed in writing upon the reconciliation calculation. In the event that the Supply Price is greater than one hundred ten percent (110%) or less than ninety percent (90%) of the Transfer Price for two (2) consecutive Sales Quarters, the Transfer Price established in Article 4.2(a) above shall be changed for the remainder of that Sales Year to the Supply Price applicable to the most recent Sales Quarter.

Supply Price. All Product Manufactured by XOMA (or by Alexion, its Affiliate or a Third Party under Section 5.1) shall be supplied at a price equal to its COGS, as reviewed by the JMC and subject to verification as provided in Section 6.5. COGS for Product to be used prior to Regulatory Approval shall be included in Development Expenses and treated as such (including pursuant to Section 3.6). COGS for Product to be used following Regulatory Approval shall be included in Allowable Expenses and shall be payable by Alexion upon delivery of vialed Product to or on behalf of Alexion pursuant to firm orders under Section 5.3(b) or as otherwise requested for delivery by Alexion and agreed to by XOMA. All other Manufacturing cost shall be payable by Alexion (and included in Development Expenses or Commercialization Expenses, as applicable) when incurred.

Supply Price. The supply price for API provided by LGLS to OSCIENT during the Remaining Period, shall be equal to ***** percent of LGLS’s Fully Burdened Cost of Manufacture for API supplied thereunder, which shall in no event ***** $***** per kg ***** $***** per kg. In addition, (i) if total purchases by OSCIENT plus any other purchasers of bulk API is greater than ***** kg in any calendar year, the $***** supply price shall be reduced by $***** per kg for each additional ***** kg of API purchased in excess of ***** kg in such calendar year by OSCIENT plus any other purchasers, and (ii) the bulk supply price (including the ***** price) shall be renegotiated in good faith in the event that OSCIENT purchases more than ***** kg of API in any twelve (12) month period. In the event that there is an interruption in LGLS’s supply * Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. of API for any reason, which continues uncured for more than ***** days, then OSCIENT shall have the right to procure an alternative source of supply for the duration of the interruption (“Second Source Supplier”). Notwithstanding the foregoing, OSCIENT shall only have the right to procure a Second Source Supplier in the event that the interruption arises with respect to a supply order quantity, which is less than or equal to ***** percent of the quantity anticipated by OSCIENT in the most recently updated forecast, immediately preceding the submission of the supply order. LGLS shall have the opportunity to resume its supply of API upon the elimination or resolution of the events causing the interruption; provided that, however, LGLS shall not resume its role as the exclusive supplier until OSCIENT is able to negotiate a termination of its purchase obligations with the Second Source Supplier. LGLS shall be responsible for any expenses incurred in excess of the price set forth herein, including any expenses related to the termination of any agreement with the Second Source Supplier; provided, however, that LGLS shall not be responsible for such excess expenses to the extent that such interruption is due to the negligence or malfeasance of OSCIENT.

Supply Price. All supply of LX Bulk Drug Substance by Nycomed to POZEN for further processing into POZEN Products intended for commercial sale will be made at the prices set forth on the following table: By way of example, if POZEN orders, in one or more orders during a calendar year, ********* of LX Bulk Drug Substance for delivery, the price for *********.