Common use of Extra Effort Clause in Contracts

Extra Effort. If a Party expends more effort than originally required of it by the Copromotion Territory Commercialization Plan in order to perform Details that were part of the other Party's Assigned Sales Force Effort, and that the other Party fails to perform and which additional effort is approved in advance by the MSC ("Extra Effort"), the first Party shall be entitled to charge the costs of the Extra Effort ("Extra Effort Expense") to its Marketing Account on a cost per Detail basis consistent with Section 6.1.8(d), as well as twelve percent (12%) annual interest, compounded monthly, accrued on the amount charged for the period in which the Extra Effort is expended. If AHPC is the Party providing the Extra Effort, AHPC shall be reimbursed for its Extra Effort Expense by deducting the Extra Effort Expense incurred for such Calendar Quarter from the Net Sales of such Product sold during such Calendar Quarter before the allocation of Net Profits for such Calendar Quarter. If ViroPharma is the Party providing the Extra Effort, AHPC shall reimburse ViroPharma for its Extra Effort Expense by deducting such Extra Effort Expense from the Net Sales of such Product sold during such Calendar Quarter before the allocation of Net Products for such Calendar Quarter and distributing such deducted amount to ViroPharma simultaneously with the distribution of Net Profits to ViroPharma for such Calendar Quarter. The Party incurring the Extra Effort Expense shall report the same to the other Party as part of the reports submitted under Section 6.1.8(d).

Extra Effort. If a Party expends more effort than originally required of it by the Copromotion Territory Commercialization Plan in order to perform Details that were part of the other Party's Assigned Sales Force Effort, and that the other Party fails to perform and which additional effort is approved in advance by the MSC ("Extra Effort"), the first Party shall be entitled to charge the costs of the Extra Effort ("Extra Effort Expense") to its Marketing Account on a cost per Detail basis consistent with Section 6.1.8(d), as well as twelve percent (12%) annual interest, compounded monthly, accrued on the amount charged for the period in which the Extra Effort is expended. If AHPC Wyeth is the Party providing the Extra Effort, AHPC Wyeth shall be reimbursed for its Extra Effort Expense by deducting the Extra Effort Expense incurred for such Calendar Quarter from the Net Sales of such Product sold during such Calendar Quarter before the allocation of Net Profits for such Calendar Quarter. If ViroPharma is the Party providing the Extra Effort, AHPC Wyeth shall reimburse ViroPharma for its Extra Effort Expense by deducting such Extra Effort Expense from the Net Sales of such Product sold during such Calendar Quarter before the allocation of Net Products for such Calendar Quarter and distributing such deducted amount to ViroPharma simultaneously with the distribution of Net Profits to ViroPharma for such Calendar Quarter. The Party incurring the Extra Effort Expense shall report the same to the other Party as part of the reports submitted under Section 6.1.8(d).