Common use of Combination Product Clause in Contracts

Combination Product. If a Licensed Product is sold as part of a Combination Product, Net Sales shall be calculated by multiplying Net Sales for such Combination Product by the fraction A/(A+B) where A is the invoice price of the Licensed Product when sold separately, and B is the aggregate invoice price of the independent subproduct(s) in the combination when sold separately. If either the Licensed Product or the independent subproduct(s) is(are) not at that time sold separately, than the allocation of Net Sales shall be commercially reasonable and determined by good faith negotiation between University and Licensee, based on the relative value of the Licensed Product and independent subproduct(s), consistent with the formula provided above.

Appears in 2 contracts

Samples: Exclusive License Agreement (908 Devices Inc.), Exclusive License Agreement (908 Devices Inc.)

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Combination Product. If a Licensed Product is sold as part of a Combination Product, Net Sales shall be calculated by multiplying Net Sales for such Combination Product by the fraction A/(A+B) where A is the invoice price of the Licensed Product when sold separately, and B is the aggregate invoice price of the independent subproduct(sIndependent Subproduct(s) in the combination when sold separately. If either the Licensed Product or the independent subproduct(sIndependent Subproduct(s) is(are) not at that time sold separately, than the allocation of Net Sales shall be commercially reasonable and determined by good faith negotiation between University and Licensee, based on the relative value of the Licensed Product and independent subproduct(sIndependent Subproduct(s), consistent with the formula provided above.

Appears in 2 contracts

Samples: Carolina Express Exclusive License Agreement, Carolina Express Exclusive License Agreement

Combination Product. If a Licensed Product is sold as part of a Combination Product, Net Sales shall be calculated by multiplying Net Sales for such Combination Product by the fraction A/(A+B) where A is the invoice price of the Licensed Product when sold separately, and B is the aggregate invoice price of the independent subproduct(sIndependent Subproduct(s) in the combination when sold separately. If either the Licensed Product or the independent subproduct(sIndependent Subproduct(s) is(are) not at that time sold separately, than then the allocation of Net Sales shall be commercially reasonable and determined by good faith negotiation between University and Licensee, based on the relative value of the Licensed Product and independent subproduct(sIndependent Subproduct(s), consistent with the formula provided above.

Appears in 2 contracts

Samples: Carolina Express Exclusive License Agreement, Carolina Express Exclusive License Agreement

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Combination Product. If a Licensed Product is sold as part of a Combination Product, Net Sales shall be calculated by multiplying Net Sales for such Combination Product by the fraction A/(A+B) where A is the invoice price of the Licensed Product when sold separately, and B is the aggregate invoice price of the independent subproduct(sIndependent Subproduct(s) in the combination when sold separately. If either the Licensed Product or the independent subproduct(sIndependent Subproduct(s) is(areis (are) not at that time sold separately, than the allocation of Net Sales shall be commercially reasonable and determined by good faith negotiation between University and Licensee, based on the relative value of the Licensed Product and independent subproduct(sIndependent Subproduct(s), consistent with the formula provided above.

Appears in 1 contract

Samples: Exclusive License Agreement (BioSolar Inc)

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