Common use of Combination Product Clause in Contracts

Combination Product. In the event that a Licensed Product is sold in combination with another product, component or service for which no royalty would be due hereunder if sold separately, Net Sales from such combination sales for purposes of calculating the amounts due under this Article 7 shall be calculated by multiplying the Net Sales of the combination product or service by the fraction A/(A + B), where A is the average gross selling price during the preceding calendar quarter of the Licensed Product sold separately and B is the average gross selling price during the preceding calendar quarter of the other product(s), component(s) or service(s). In the event that separate sales of the Licensed Product and/or of the other product(s), component(s) or service(s) were not made during the preceding calendar quarter, then the Net Sales on the combination product shall be reasonably allocated between such Licensed Product, and such other product(s), component(s) or service(s) based upon their relative importance and proprietary protection as mutually agreed upon by Stanford and Forty Seven.

Appears in 3 contracts

Samples: Equity) Agreement (Forty Seven, Inc.), Equity) Agreement (Forty Seven, Inc.), Equity) Agreement (Forty Seven, Inc.)

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Combination Product. In the event that a Licensed Product is sold in combination with another product, component or service for which no royalty would be due hereunder if sold separately, Net Sales from such combination sales for purposes of calculating the amounts due under this Article 7 shall be calculated by multiplying the Net Sales of the combination product or service by the fraction A/(A + B), where A is the average gross selling price during the preceding calendar quarter of the Licensed Product sold separately and B is the average gross selling price during the preceding calendar quarter of the other product(s), component(s) or service(s). In the event that separate sales of the Licensed Product and/or of the other product(s), component(s) or service(s) were not made during the preceding calendar quarter, then the Net Sales on the combination product shall be reasonably allocated between such Licensed Product, and such other product(s), component(s) or service(s) based upon their relative importance and proprietary protection as mutually agreed upon by Stanford and Forty SevenLogicBio.

Appears in 2 contracts

Samples: Exclusive (Equity) Agreement (LogicBio Therapeutics, Inc.), Exclusive (Equity) Agreement (LogicBio Therapeutics, Inc.)

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Combination Product. In the event that a Licensed Product is sold in combination with another product, or component or service for which no royalty would be due hereunder if sold separately, Net Sales from such combination sales for purposes of calculating the amounts due under this Article 7 shall be calculated by multiplying the Net Sales of the combination product or service by the fraction A/(A + B), where A is the average gross selling price during the preceding applicable calendar quarter of the Licensed Product sold separately and B is the average gross selling price during the preceding applicable calendar quarter of the other product(s), or component(s) or service(s). In the event that separate sales of the Licensed Product and/or of the other product(s), component(s) or service(scomponent(s) were not made during the preceding applicable calendar quarter, then the Net Sales on the combination product shall be as reasonably allocated and mutually agreed upon by Stanford and AKOYA in good faith, between such Licensed Product, Product and such other product(s)product or components, component(s) or service(s) based upon their relative importance and proprietary protection as mutually agreed upon by Stanford and Forty Sevenprotection.

Appears in 1 contract

Samples: Certain Confidential (Akoya Biosciences, Inc.)

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