Manufacturing Fees Sample Clauses

Manufacturing Fees. The initial Manufacturing Fees to be paid by COMPANY to DPT are listed in Schedule A. The parties hereto agree that the Manufacturing Fees set out in Schedule A shall be re negotiated, in good faith, at the beginning of each calendar year. If the parties are unable to agree on a re-negotiated price at least thirty (30) days prior to the start of a new twelve (12) month period, then this Agreement, effective the first day of January of the new twelve (12) month period, shall continue in force with prices being adjusted to reflect the change in the most recently published monthly “Producer Price Index for Pharmaceutical Preparation Manufacturing”, issued by the Bureau of Labor Statistics, US Department of Labor (“PPI”), or comparable successor index, in July of the preceding year as compared to the same month of the year prior thereto until such time as to when price negotiation can be completed. In addition, Manufacturing Fees are based on annual volumes for Products. DPT reserves the right to re-evaluate Manufacturing Fees at the beginning of the second calendar year (and each calendar year thereafter) in the event that actual volumes differ from those volumes listed in Schedule A. by more than ten percent (10%). Prices for new Products or new Product sizes, new batch sizes or product configuration changes not initially included in Schedule A, shall be negotiated and DPT and COMPANY shall arrive at a mutual agreement with respect to prices at the time said new Products or new Product sizes are added to Schedule A. If a negotiated price cannot be agreed upon, final pricing for any of the above will be settled in accordance with paragraph 12.6 (b) below.

Manufacturing Fees. The Manufacturing Fee shall be USD $0.12 / tablet (packaged in bottles of 30 or 100 count) and USD $1.85 per bottle for the sample pack of 7 counts.

Manufacturing Fees. 5.1 Manufacturing Fees and Payment. The initial fees to be paid by Company to Alpex for the Finished Product are listed in Appendix C (as may be adjusted in accordance with Section 5.2, the “Manufacturing Fees”). Payment for all deliveries of Finished Product to Company will be made in U.S. dollars. Alpex will render an invoice for each shipment of the Finished Product upon delivery. Company will pay amounts properly due under the relevant invoice within forty-five (45) days from the date it receives the invoice.

Manufacturing Fees. 7.1 In consideration for the services provided to ▇▇▇▇▇▇ under this Agreement, ▇▇▇▇▇▇ shall pay to Oravax the following Manufacturing Fees: 7.1.1 an amount equal to [ * * * * ]; and

Manufacturing Fees. 4.1 As compensation to Fermic for manufacturing, storing, and labor involved in packaging and handling the AstaXin(R), and for all of its other services under this Agreement, Igene shall pay Fermic a rental fee of $USD[ * ] per cubic meter of fermentation capacity per month, as may be reduced in accordance with Section 4.8 below. 4.2 In addition to cash compensation, Fermic shall be entitled to receive [ * ] shares of Igene common stock for each kilogram of astaxanthin (pure basis) in the AstaXin(R) produced and delivered under this Agreement, such stock to be issued to Fermic quarterly beginning September 30, 2000, up to a maximum of 20 million shares in the aggregate. In the event of a material breach of this Agreement by Igene which Igene has not cured within 15 business days following written notice of such breach, Fermic shall have the option of purchasing any or all of the unearned 20 million shares for a price of $.20 per share. If Igene is acquired by a company (Acquirer) that opts to discontinue this manufacturing contract, Fermic will also be entitled to purchase the unearned Igene shares at $.20 per share and receive payment for these shares from the Acquirer on the same basis as the other Igene shareholders. On the other hand, if the Acquirer opts to continue this manufacturing contract, and if Fermic has exercised its option to purchase the unearned shares, then Fermic's unearned shares and the proceeds from the sale of these shares will be placed in escrow and distributed as earned per this Manufacturing Agreement. Fermic represents and warrants that it is an "accredited investor" within the meaning of Rule 501 promulgated under the United States Securities Act of 1933, as amended, and agrees to execute and deliver to Igene a Certificate of Accredited Investor evidencing such status simultaneously with the execution and delivery of this Agreement. 4.3 Prior to delivery of the [ * ]th kilo of AstaXin(R), Fermic shall be compensated in accordance with Section 4.1 and 4.2 above. Once Fermic has completed the manufacture and delivery of [ * ] kilos of astaxanthin (pure basis), the monthly rental fee for each cubic meter of fermentation capacity shall be as follows: (a) US$[ * ] per cubic meter of capacity per month for each cubic meter of capacity provided in excess of [ * ] cubic meters but less than or equal to [ * ] cubic meters per month; (b) US$[ * ] per cubic meter of capacity per month for each cubic meter of capacity provided in excess of...

Manufacturing Fees. The initial Manufacturing Fees to be paid by AUXILIUM to DPT are listed in Schedule A. The parties hereto agree that the Manufacturing Fees set out in Schedule A shall be re-negotiated, in good faith, at [**]. If the parties are unable to agree on a re-negotiated price at least [**] prior to the start of a [**] period, then this Agreement, effective the [**] of the [**], shall continue in force with prices being adjusted to reflect the change in the monthly PPI, or comparable successor index, in [**] of the preceding [**] compared to the same [**] prior thereto, until such time as to when price negotiation can be completed. Prices for new Product sizes, new batch sizes or Product configuration changes not initially included in Schedule A, shall be negotiated and DPT and AUXILIUM shall arrive at a mutual agreement with respect to prices at the time said new Product sizes are added to Schedule A. If a negotiated price cannot be agreed upon, final pricing for any of the above will be settled in accordance with paragraph 12.6 below.

Manufacturing Fees. Capitalized terms not defined in this Annex shall have the meanings set forth in the agreement to which this Annex is attached (the “Agreement”).

Manufacturing Fees. 7.1 In consideration for the services provided to B▇▇▇▇▇ under this Agreement, B▇▇▇▇▇ shall pay to Oravax the following Manufacturing Fees: 7.1.1 [ * * * * ]; and 7.1.2 a royalty calculated as follows: (a) in the case of a monovalent vaccine, a royalty of [ * * * * ]; and (b) in the case of a multivalent vaccine, a royalty of [ * * * * ], in each case sold or otherwise disposed of by B▇▇▇▇▇. For the purposes of this clause, “component proportion” means: (i) [ * * * * ]; and (ii) [ * * * * ]. Worked example of (i) [ * * * * ] Worked example of (ii) [ * * * * ] 7.1.3 in the case of Product produced to support clinical trials, no fee under Clause 7.1.2 shall be charged. 7.2 Oravax shall invoice B▇▇▇▇▇ in respect of the Manufacturing Fees referred to in Clause 7.1 monthly in arrears and such invoices shall be paid within thirty (30) days of receipt of invoice. 7.3 B▇▇▇▇▇ shall within twenty (20) days of the end of each calendar quarter notify Oravax in writing of the aggregate value in US$ of the Net Average Selling Price of Products sold by B▇▇▇▇▇ during the immediately preceding calendar quarter and the amount of Manufacturing Fees to which Oravax is entitled pursuant to Clause 7.1.2. Oravax shall invoice B▇▇▇▇▇ in respect of such Manufacturing Fees, which invoices shall be paid by B▇▇▇▇▇ within ten (10) days of receipt of invoice. 7.4 In calculating the aggregate value of B▇▇▇▇▇’▇ Net Average Selling Price for sales of Products for the purposes of Clause 7.3, any sales of Products to an Affiliate of B▇▇▇▇▇ shall be deemed to be the Net Average Selling Price of the Affiliate’s sales to its customers. 7.5 Oravax may, at its cost, engage a mutually acceptable independent accounting firm to confirm that the aggregate value of the Net Average Selling Price for Products notified by B▇▇▇▇▇ to Oravax pursuant to Clause 7.1.2 has been correctly calculated. B▇▇▇▇▇ shall provide all reasonable assistance and access to the relevant financial records to such independent accounting firm for the purposes of such exercise. In the event that B▇▇▇▇▇ and Oravax agree to engage an independent accounting firm but are unable to agree the identity of such firm, or the firm agreed upon is unable or unwilling to act, either B▇▇▇▇▇ or Oravax may apply to the President of the US Institute of Public Accounts for the appointment by him of such an independent accounting firm. 7.6 Any underpayment or overpayment identified by the such independent public auditor shall be repaid or paid (a...

Manufacturing Fees. 3.1 Neurex shall pay Mallinckrodt for the manufacture of the Product in accordance with the Payment/Yield Schedule attached hereto as Schedule B and made a part hereof. 3.2 Upon shipment of the Product to Neurex, Mallinckrodt shall submit its invoice for its fees for manufacturing the Product shipped according to the applicable Yields for that particular Batch and provide Neurex with each Batch documentation supporting the Yield claimed. Neurex shall pay the full amount of each invoice within forty five (45) days after receipt of invoice. 3.3 In the event that Yield rates for three (3) consecutive batches are consistently greater than [*], Mallinckrodt acknowledges and agrees to negotiate in good faith a new manufacturing fee schedule consistent with the ratios for price set forth in Schedule B.