CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Gentlemen, We refer by this Letter Exhibit No. 4 to the Purchase Agreement entered into this day (the “Agreement”) between AIR FRANCE, hereinafter referred to as “the Buyer”, and AIRBUS INDUSTRIE, hereinafter referred to as “the Seller”, which covers the production and sale by AIRBUS INDUSTRIE and the purchase by AIR FRANCE of A380-800 aircraft. Both parties herby agree that this Letter Exhibit No. 4 will form an integral part of this Agreement. If there is any contradiction between the provisions of the Purchase Agreement and those of this Letter Exhibit, the latter will prevail in relation to this contradiction. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]. If this confirmation of our agreements meets with your approval, please sign the original and one (1) copy of this Letter Exhibit No. 4 in the space provided below for this purpose and send the copy to AIRBUS INDUSTRIE. For and on behalf of: For and on behalf of: Société AIR FRANCE AIRBUS INDUSTRIE LETTER XXXXXXX XX. 0 Xxxxxxx XXX XXXXXX 00 xxx xx Xxxxx 00000 Roissy CDG Cedex FRANCE
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] is the numeric ratio attributed to materials in the Airframe Price Adjustment formula.
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. EXHIBIT H Rapport 112: *************** Computation ***** shall be paid royalties at a rate of ****************************** ************* Rapport 112 product ************************************. Such royalty payment shall be applied toward *************************** royalty payments described in SPECIFIC PRODUCT/FEATURE ADDENDUM 3 of Exhibit E of the MARKETING AGREEMENT. **************************** Rapport 112 Product ************* ********************, NORTEL shall summarize *************************** Rapport 112 units **************************************, defined as ******* *********************************************************************** ************************************************************************* **************************************** royalty due to ****************** *************************** shall be ******************************. **************** (Rapport 112 Product *********************************** ********* Rapport 112 product ******************************************************** ******************************************************************, shall be subject to a royalty based on the following formula: ************************************************************************ royalty ******** ************************************* royalty ********************* Royalty ******* royalty ************** royalty ******** shall be a ****************************** ***************************************. Royalties shall be adjusted ********* as required to reflect *************** ********************. Payment Schedule Royalties shall be calculated ********************************************** ************************ shall be sent *********************************** ******************. CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. ****** shall maintain complete and accurate records of all royalty calculations. Such records shall be maintained in accordance with generally accepted accounting principles. ****** shall retain such records for the ************************************************************************* may request an audit of royalty calculation records by an independent auditor reasonably acceptable to ******. During the period in which ****** is required to maintain royalty calculation records, such auditors shall have reasonable access to such records at a mutually agreeable time and lo...
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS Penwest shall provide at its own expense all TIMERx reasonably required for such effort. Each party will bear its own expenses during the Certification Period.
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. within the MMD Territory, MMD will ****************************** *************************************************************** ************************************************************ ************************************************************ **************************************************************** ************************. Except in the event that this Agreement is terminated by TKT pursuant to subsection 12.2.1, MMD shall, to the extent legally permissible, take all additional action reasonably necessary to assign all of its right, title and interest in and transfer possession and control to TKT of the regulatory filings prepared by MMD to the extent that such filings relate to * covered by the TKT Patent Rights or which use the TKT Technology and any regulatory approvals received by MMD to the extent that such approvals relate to * covered by the TKT Patent Rights or which use the TKT Technology; provided, however, that MMD may retain a joint ownership interest in such filings and approvals to the extent that such filings or approvals are necessary under this Agreement for portions of the MMD Territory with respect to which this Agreement has not been terminated or for the development or commercialization by MMD of products other than * covered by the TKT Patent Rights or which use the TKT Technology. In the event of a termination of this Agreement other than by TKT pursuant to subsections 12.2.1 or 12.2.5, TKT shall be obligated to pay to MMD compensation on such commercially reasonable terms as shall be determined by mutual agreement of TKT and MMD for the use of all licenses granted by MMD under Section 3.2.
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS related materials, information and rights (including without limitation information regarding any adverse drug reactions), developed, commissioned or otherwise obtained by Sanofi or any of its Affiliates or sublicensees during the term of this Agreement relating to controlled- release nifedipine in 30mg and/or 60mg dosage strengths (to the extent the same are discloseable by Sanofi without violation of duties of confidentiality owed to third parties), TIMERx, Sanofi Improvements, the Designated Product, TIMERx Technologies Patents, Product Production Technology, TIMERx Production Technology and/or TIMERx Technologies' Confidential Technology. For the avoidance of doubt TIMERx Technologies Test and Regulatory Data are excluded from this definition.
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS average exchange rate is not published by The Wall Street Journal, the exchange rate fixed on the fifth day prior to the date of payment as promulgated by the appropriate United States governmental agency as mutually agreed upon by the parties.
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS Sanofi will be entitled to exhaust its work in process and any inventory of Formulated TIMERx ****************
CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE OMISSIONS. IG and Access shall each select one arbitrator and the two chosen arbitrators shall select the third arbitrator, or failing agreement on the selection of the third arbitrator, the AAA shall select the third arbitrator. Unless otherwise agreed by IG and Access, arbitration will take place in Boston, Massachusetts.
