Actual Sales Sample Clauses

Actual Sales. Tax - Provides sales tax by economic category, economic segment and business code.
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Actual Sales. Metrika shall use commercially reasonable efforts to accomplish in accordance with the directions of the Product Management Committee, the actual Sales of the NTx/Digital Response Device, as well as all support, and other services provided to customers. Metrika shall assign all of its sales people in the Territory to represent the NTx/Digital Response Device, shall provide appropriate training in conjunction with Ostex, shall use its usual marketing efforts to promote the NTx/Digital Response Device, may use third-party distributors, approved by the Product Management Committee, to market the Device, and will inform and involve Ostex's sales force as reasonably necessary and appropriate to accomplish Sales of the Device. Metrika reserves the right, in the exercise of its reasonable discretion at any time and from time to time, to decline the acceptance of any order transmitted to it by Ostex or through Ostex's efforts. All credit appraisal of potential customers, approval of credit extended to such customers and collections pursuant to such credit extensions shall be the sole responsibility of Metrika. In no event shall Ostex accept any order or otherwise attempt to bind Metrika for the sale of any NTx/Digital Response Device(s) unless specifically asked by Metrika, in writing, to do so. All remittances by the customer shall be made directly to the order of Metrika and transmitted by the customer directly to Metrika. With respect to international shipments of the NTx/Digital Response Device, Metrika (or its permitted assigns, contractors or distributors) shall be responsible for clearing all such goods through customs and payment of all taxes and/or duties imposed by any governmental authority in connection therewith.
Actual Sales. There will be a bonus based on actual sales of products developed and sold by the Corporation, such bonus amount to be determined by mutual agreement at the outset of marketing of such products. The range of this bonus shall be between 0-15% of Base Salary.
Actual Sales. The applicable Third Party transferee shall pay to Sellers a Royalty Amount for each such customer equal to one percent (1%) of the Sales to such customer for the Royalty Period following the Initial Closing determined in accordance with the preceding provisions of this Section 3.3, other than paragraph (e)(i)(x); provided, however, to the extent the Third Party transferee of such customer accounts is, prior to such sale or transfer, also selling to such customer, for purposes of calculating any Royalty Amount applicable to such customer, Sales to such customer shall be the product of (1) actual Sales by Sellers to such customer for the applicable period and (2) a fraction, the numerator of which shall be the average actual Sales by Sellers to the applicable customer for the sixty (60) day period immediately preceding the date of the consummation of such sale or transfer of the applicable customer account and the denominator shall be the average actual Sales by both the Third Party transferee and Sellers to the applicable customer for the sixty (60) day period immediately preceding the date of the consummation of such sale or transfer of the applicable customer account.

Related to Actual Sales

  • Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:

  • Net Sales The term “

  • Sublicense Revenue In the event Licensee or an Affiliate of Licensee sublicenses under Section 2.2, Licensee shall pay CareFusion **THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION.** of any Sublicense Revenues resulting from sublicense agreements executed by Licensee.

  • Gross Revenues All revenues, receipts, and income of any kind derived directly or indirectly by Lessee from or in connection with the Hotel (including rentals or other payments from tenants, lessees, licensees or concessionaires but not including their gross receipts receipts and not including rentals or other payments under Space Leases) whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles, excluding, however: (i) funds furnished by Lessor, (ii) federal, state and municipal excise, sales, and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iii) the amount of all credits, rebates or refunds to customers, guests or patrons, and all service charges, finance charges, interest and discounts attributable to charge accounts and credit cards, to the extent the same are paid to Lessee by its customers, guests or patrons, or to the extent the same are paid for by Lessee to, or charged to Lessee by, credit card companies, (iv) gratuities or service charges actually paid to employees, (v) proceeds of insurance and condemnation, (vi) proceeds from sales other than sales in the ordinary course of business, (vii) all loan proceeds from financing or refinancings of the Hotel or interests therein or components thereof, (viii) judgments and awards, except any portion thereof arising from normal business operations of the Hotel, and (ix) items constituting “allowances” under the Uniform System.

  • Net Sales Proceeds In the case of a transaction described in clause (A) of the definition of Sale, the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including all real estate commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (B) of such definition, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in clause (C) of such definition, Net Sales Proceeds means the proceeds of any such transaction actually distributed to the Company from the Joint Venture less the amount of any selling expenses, including legal fees and expenses incurred by or on behalf of the Company (other than those paid by the Joint Venture). In the case of a transaction or series of transactions described in clause (D) of the definition of Sale, Net Sales Proceeds means the proceeds of any such transaction (including the aggregate of all payments under a Mortgage or in satisfaction thereof other than regularly scheduled interest payments) less the amount of selling expenses incurred by or on behalf of the Company, including all commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (E) of such definition, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in the last sentence of the definition of Sale, Net Sales Proceeds means the proceeds of such transaction or series of transactions less all amounts generated thereby which are reinvested in one or more Assets within 180 days thereafter and less the amount of any real estate commissions, closing costs, and legal fees and expenses and other selling expenses incurred by or allocated to the Company in connection with such transaction or series of transactions. Net Sales Proceeds shall also include any consideration (including non-cash consideration such as stock, notes, or other property or securities) that the Company determines, in its discretion, to be economically equivalent to proceeds of a Sale, valued in the reasonable determination of the Company. Net Sales Proceeds shall not include any reserves established by the Company in its sole discretion.

  • Sublicense Income Company shall pay Medical School {***} of all Sublicense Income. Such amounts shall be due and payable within sixty (60) days after Company receives the relevant payment from the Sublicensee.

  • Calendar Year Calendar Year" for the purposes of this Agreement shall mean the twelve (12) month period from January 1st to December 31st, inclusive.

  • Royalty Payments (i) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate.

  • Royalty Period The royalty set forth in Section 7.1 will be payable during a period which shall commence on the Effective Date and shall continue on a country-by-country, Product-by- Product basis, for the longer of: (a) fifteen (15) years from the date of the First Commercial Sale of such Product in such country; and (b) until the last to expire of the Ramot Patents or Joint Patents in such country (the "Royalty Period").

  • Direct Sales The Manager will advise you promptly, on the Offering Date, as to the Securities purchased by you pursuant to the Underwriting Agreement that you will retain for direct sale. At any time prior to the termination of the applicable AAU, any such Securities that are held by the Manager for sale but not sold may, on your request and at the Manager’s discretion, be released to you for direct sale, and Securities so released to you will no longer be deemed held for sale by the Manager. You may allow, and Dealers may reallow, a discount on sales to Dealers in an amount not in excess of the Reallowance set forth in the applicable AAU. You may not purchase Securities from, or sell Securities to, any other Underwriter or Dealer at any discount or concession other than the Reallowance, except with the prior consent of the Manager.

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