Factors Affecting Net Sales. In the event Abbo▇▇'▇ ▇▇▇ Sales with respect to any Product is materially adversely impacted as a result of: delays in Digene obtaining CT/GC Clearance as contemplated by Section 4.1; changes in reimbursement structure; Digene's failure to supply Abbott with Product in accordance with the terms and conditions of Articles 5 or 18; Recalls; other actions by regulatory authorities or by Digene as described in Section 12.4; or any adverse change in the performance of the Product or failure to meet Specifications, the Parties shall meet and negotiate in good faith an agreement with respect to the appropriate downward adjustment to the applicable Net Sales thresholds set forth above.
Appears in 2 contracts
Sources: Marketing and Distribution Agreement (Digene Corp), Marketing and Distribution Agreement (Digene Corp)