Otherwise Disposed Of definition
Otherwise Disposed Of means not Sold but delivered to others without receipt of any consideration such as when product is distributed for use in research, product development, clinical or other experimental non-commercial trials,
Otherwise Disposed Of means: (a) Licensed Product(s) or Licensed Process(es) not sold but delivered by Licensee to others (including deliveries for export), regardless of the basis of compensation, if any; (b) Licensed Product(s) or Licensed Process(es) put into use by Licensee for any purpose other than routine testing of such Licensed Product(s) or Licensed Process(es); and (c) Licensed Product(s) or Licensed Process(es) not sold individually, but sold by Licensee as components or constituents of other products or processes.
Otherwise Disposed Of means and include:
(i) the delivery of any amount of PRODUCT, other than nominal quantities of free samples or free replacements, by QUIDEL to others in any transaction other than a sale, regardless of the basis of consideration, if any; or
(ii) the placing into use of any PRODUCT by QUIDEL for any purpose, other than its internal routine testing, provided that the scrapping or destruction (except if consideration is received therefor) of any PRODUCT shall not fall within the definition of "OTHERWISE DISPOSED OF" and no value in respect thereof shall be included in calculating NET SALES. A PRODUCT shall be considered OTHERWISE DISPOSED OF when used or shipped by, or on behalf of, QUIDEL.
Examples of Otherwise Disposed Of in a sentence
Atheros may change its prices at any time, although such changes shall not alter accepted purchase orders.
For each Licensed LongRun2 Product sold or Otherwise Disposed Of (as defined in Exhibit E) by or for Fujitsu or sublicensed Fujitsu Subsidiaries, Fujitsu will pay Transmeta the non-refundable royalties calculated in accordance with the applicable royalty schedule set forth in Exhibit E.
Royalties in an amount equal to ________ percent (__%) of the Net Sales of the Licensed Product(s) or Licensed Process(es) used, sold, or Otherwise Disposed Of by Licensee and/or any sublicensees will be paid to Licensor.
Where Licensed Product(s) or Licensed Process(es) are not sold, but are Otherwise Disposed Of, the Net Sales of such Licensed Product(s) or Licensed Process (es), for the purpose of computing royalties, will be the gross selling price at which products or processes of similar kind and quality, sold in similar quantities, are currently being offered for sale by Licensee.
MARKING AND STANDARDS Licensee agrees to mark the Licensed Products sold or Otherwise Disposed Of in the United States with all applicable United States patent numbers.
More Definitions of Otherwise Disposed Of
Otherwise Disposed Of means to put into use, to lease or sell or otherwise transfer title to another entity in other than arm’s length transaction in the ordinary course of business or at a discounted price that is substantially less than the price customarily charged by the seller or for other than cash consideration. Notwithstanding any term herein, “Otherwise Disposed Of” shall not mean, with respect to all licenses and corresponding royalty rates herein, (1) to consume, use or transfer title for the purposes of testing or experimentation, (2) to dispose of as scrap, (3) to use, lease, sell or transfer of title from BAE SYSTEMS to ▇▇▇▇ or its affiliates or from ▇▇▇▇ to BAE SYSTEMS or its affiliates, and (4) to store as unsold inventory.
Otherwise Disposed Of means the transfer of a UNIT by PRESTIGE to a THIRD PARTY (except for purposes of scrapping), irrespective of the form of consideration received by PRESTIGE.
Otherwise Disposed Of means and include:
(a) the delivery of any amount of PRODUCT, other than free replacements, nominal quantities of free samples or PRODUCTS used for research and development programs, or government or regulatory purposes, or preclinical, clinical and field trials, by CALYPTE to others in any transaction other than a sale, regardless of the basis of consideration, if any; or
(b) the placing into use of any PRODUCT by CALYPTE for any purpose, other than its internal routine testing or as provided in Section 1.10(a) above, provided that the scrapping or destruction of any PRODUCT shall not fall within the definition of "OTHERWISE DISPOSED OF" and no value in respect thereof shall be included in calculating the NET SALES of the PRODUCT. A PRODUCT shall be considered OTHERWISE DISPOSED OF when used or shipped by, or on behalf of, CALYPTE. Confidential treatment has been requested with respect to portions of this document.
Otherwise Disposed Of means and include:
(a) the delivery of any amount of PRODUCT, other than free replacements or reasonable quantities of free samples that are standard in the industry, or PRODUCTS consumed or used to satisfy regulatory requirements that are standard in the industry, by MATRITECH to others in any transaction other than a sale, regardless of the basis of consideration, if any; or
(b) the placing into use of any PRODUCT by MATRITECH for any purpose, other than its internal routine testing and product development, provided that the scrapping or destruction of any PRODUCT shall not fall within the definition of "OTHERWISE DISPOSED OF" and no value in respect thereof shall be included in calculating the NET SALES of the PRODUCT. A PRODUCT shall be considered OTHERWISE DISPOSED OF when used or shipped by, or on behalf of, MATRITECH.
Otherwise Disposed Of means not Sold, but delivered to others without receipt of any consideration such as when product is distributed for use in research, product development, clinical or other experimental non- commercial trials.
Otherwise Disposed Of means and include:
(a) the delivery of any amount of PRODUCT, other than free replacements or nominal quantities of free samples, by NANOSPHERE or its AFFILIATES to unaffiliated third parties in any transaction other than a sale, regardless of the basis of consideration, if any; or
(b) the placing into use of any PRODUCT by NANOSPHERE or its AFFILIATES for any purpose, other than its internal routine testing, provided that the scrapping or destruction of any PRODUCT or the performance of a service for which no compensation is obtained (monetary or otherwise) shall not fall within the definition of “OTHERWISE DISPOSED OF” and no value in respect thereof shall be included in calculating the NET SALES of the PRODUCT. A PRODUCT shall be considered OTHERWISE DISPOSED OF when used or shipped by, or on behalf of, NANOSPHERE or its AFFILIATES.
Otherwise Disposed Of means and include:
(a) the delivery of any amount of PRODUCT, other than free replacements or nominal quantities of free samples or donations, by CHEMBIO to others in any transaction other than a sale, regardless of the basis of consideration, if any; or
(b) the placing into use of any PRODUCT by CHEMBIO for any purpose, other than clinical trials, regulatory registrations or its internal routine testing, provided that the scrapping or destruction of any PRODUCT shall not fall within the definition of "OTHERWISE DISPOSED OF" and no value in respect thereof shall be included in calculating the NET SALES of the PRODUCT. A PRODUCT shall be considered OTHERWISE DISPOSED OF when used or shipped by, or on behalf of, CHEMBIO.