Common use of Generic Competition Clause in Contracts

Generic Competition. If a Licensed Product is sold in a country where a product that is an AB Rated Product with respect to such Licensed Product is sold or marketed by a Third Party pursuant to a regulatory approval for the commercial sale and marketing thereof for human therapeutic or prophylactic use in such country, then the royalty rate applicable under Section 5.1(g)(i) to Net Sales of such Licensed Product in such country shall be reduced to [*] percent ([*]%) of the rate originally stated therein (i.e., reduced to [*]%, [*]%, or [*]%, depending on worldwide Net Sales), effective with respect to all Net Sales of such Licensed Product in such country occurring on or after the first day of the first calendar month following the month during which such AB Rated Product is first sold in such country.

Appears in 8 contracts

Samples: Topo Development and License Agreement (Pharmaceutical Product Development Inc), Mudelta Development and License Agreement (Furiex Pharmaceuticals, Inc.), Topo Development and License Agreement (Furiex Pharmaceuticals, Inc.)

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Generic Competition. If a Licensed Product is sold in a country where a product that is an AB Rated Product with respect to such Licensed Product is sold or marketed by a Third Party pursuant to a regulatory approval for the commercial sale and marketing thereof for human therapeutic or prophylactic use in such country, then the royalty rate applicable under Section 5.1(g)(i5.2(f)(i) to Net Sales of such Licensed Product in such country shall be reduced to [*] percent ([*]%) of the rate originally stated therein (i.e., reduced to [*]%, [*]%, % or [*]%, depending on worldwide Net Sales), effective with respect to all Net Sales of such Licensed Product in such country occurring on or after the first day of the first calendar month following the month during which such AB Rated Product is first sold in such country. [*] Confidential treatment requested; certain information omitted and filed separately with the SEC.

Appears in 4 contracts

Samples: Mudelta Development and License Agreement (Pharmaceutical Product Development Inc), Mudelta Development and License Agreement (Furiex Pharmaceuticals, Inc.), Mudelta Development and License Agreement (Furiex Pharmaceuticals, Inc.)

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Generic Competition. If a Licensed Product is sold in a country where a product that is an AB Rated Product with respect to such Licensed Product is sold or marketed by a Third Party pursuant to a regulatory approval for the commercial sale and marketing thereof for human therapeutic or prophylactic use in such country, then the royalty rate applicable under Section 5.1(g)(i5.2(f)(i) to Net Sales of such Licensed Product in such country shall be reduced to [*] percent ([*]%) of the rate originally stated therein (i.e., reduced to [*]%, [*]%, % or [*]%, depending on worldwide Net Sales), effective with respect to all Net Sales of such Licensed Product in such country occurring on or after the first day of the first calendar month following the month during which such AB Rated Product is first sold in such country.

Appears in 4 contracts

Samples: Topo Development and License Agreement (Furiex Pharmaceuticals, Inc.), Topo Development and License Agreement (Pharmaceutical Product Development Inc), Topo Development and License Agreement (Pharmaceutical Product Development Inc)

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