Generic Product Sample Clauses
POPULAR SAMPLE Copied 3 times
Generic Product. On a country-by-country and Licensed Product-by-Licensed Product basis, if at any time during the applicable Royalty Term, one or more Generic Products are commercially launched by a Third Party (other than a Third Party sublicensee) in a country, then the applicable royalty rate for such Licensed Product in such country shall be reduced to […***…] percent ([…***…]%) of Net Sales of such Licensed Product beginning from the launch of such Generic Product and continuing so long as such Generic Product is being sold in such country. Notwithstanding anything to the contrary set forth in this Agreement, to the extent that Kite has entered into a Sublicense Agreement pursuant to which Kite is not entitled to receive royalties in a country in which a Generic Product has been commercially launched, Kite shall have no obligation to pay, and Cabaret shall have no right to receive, royalties with respect to sales of Licensed Product in such country.
Generic Product. A Generic Product is comparable to a Manufacturer or Brand Name Product’s intended use, size, quality, and performance characteristics that does not provide a market branding. Generic Products may also be referred to as private label Products.
Generic Product. The term “
Generic Product. If during the Royalty Term, a Third Party receives marketing authorization for and commences commercial sale of a Generic Product in a country in the Territory, and quantities sold of such Generic Product represent a market share of [***] of the total market for such Generic Product and the corresponding Product sold during such Calendar Quarter in that country [***], then Bayer shall have the right to reduce any royalties payable in such country for such Product pursuant to Section 6.1 [***].
Generic Product. During the applicable Royalty Period for a particular Product and in a particular country, if a Generic Product is launched, and Net Sales for a Product in any Calendar Quarter following such launch decrease by at least [ * ] but less than [ * ] as compared to the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the first launch of a Generic Product, then the royalties due shall be reduced by [ * ] from what would otherwise have been due under this Section 3.3 for as long as a Generic Product is sold in such country or Net Sales in any Calendar Quarter following launch of such Generic Product remain between [ * ] to [ * ] less than the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the first launch of a Generic Product. During the applicable Royalty Term, for a particular Product and in a particular country, if a Generic Product is launched, and Net Sales in any Calendar Quarter following such launch decrease by more than [ * ] as compared to the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the launch of the Generic Product, then the royalties shall be reduced by [ * ] from what would otherwise have been due under this Section 3.3 for as long as a Generic Product is sold in such country or Net Sales in any Calendar Quarter following launch of such Generic Product remain at or below [ * ] of the amount of Net Sales for that Product in that country during the Calendar Quarter immediately preceding the first launch of a Generic Product.
Generic Product. The term “Generic Product” shall mean generic versions of any pharmaceutical products (other than Products developed and commercialized by Licensee, its Affiliates and Sublicensees pursuant to this Agreement) that contain the same active chemical entity(ies) as a Licensed Product and [***].
Generic Product. On a country-by-country and Product-by-Product basis, the then current royalty rate that would otherwise apply for Net Sales of such Product in such country will be reduced by (A) [*], if the aggregate unit sales of all Generic Products (calculated using IMS data or, if unavailable, a reasonable method selected by Sanofi) in such country over a period of [*] consecutive Calendar Quarters (“Market Share Period”) exceed [*] of the sum total unit sales of such Product and all Generic Products (i.e., based on unit volume market share) in such country during such Market Share Period, and (B) [*], if the aggregate unit sales of all Generic Products in such country during any Market Share Period exceed [*] of the sum total unit sales of all Products and all Generic Products (i.e., based on unit volume market share) in such country during such Market Share Period. For clarity, the foregoing royalty rate reduction will apply on a going forward basis and will cease at such time as the foregoing conditions no longer apply.
Generic Product. In the event that one or more Generic Product(s) with respect to a particular Licensed Product enter(s) the market in a particular country, and such Generic Product(s) in the aggregate have a market share of [*] or more in that country, Gemma may reduce the Royalty payments for Sales of such Licensed Product in such country by [*]; provided that if Gemma reduces the Royalty payments under this Section 5.4.2(d), ▇▇▇▇▇ shall resume making Royalty payments without reduction under this Section 5.4.2(d) as of the earlier of (a) no Generic Product being sold for at least [*] in such country, and (b) a court of competent jurisdiction determines that a Valid Claim of a Licensed UPenn Patent is valid and infringed by such Generic Product in such country.
Generic Product. On a Glucagon Product-by-Glucagon Product and country-by-country basis, if, during any [***] Calendar Quarters during the Royalty Term for such Glucagon Product in such country, [***] Generic Products are being marketed or sold in such country and such Generic Products, by unit equivalent volume, exceed [***] of the aggregate market share of such Glucagon Product together with all such Generic Products (based on the number of units of such glucagon Product and such Generic Products in the aggregate sold in such country prior to such [***] Calendar Quarters, as reported by a well-known reporting service mutually agreed by the Parties), then, subject to Section 8.3.3(d) (Cumulative Royalty Reductions), the royalty rate with respect to such Glucagon Product in such country will be [***] of the applicable rate set forth in Section 8.3 (Royalties) for the remainder of the Royalty Term.
Generic Product. 9.6.1 [**]. [**].
