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. This price is based on the maximum cost of API at $700/kg and subject to review from time to time if the cost of API changes in accordance with Section 5.2.
Manufacturing Fees. 7.1 In consideration for the services provided to Xxxxxx under this Agreement, Xxxxxx shall pay to Oravax the following Manufacturing Fees:
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.
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. The price to be paid by Supernus for dosages, quantities, strengths and pack sizes of Product (the “Unit Price”) purchased pursuant to this Agreement shall initially be as specified in Schedule D attached hereto. The Unit Prices will be adjusted following process validation and the initial commercial manufacturing campaign in the manner contemplated in Schedule D. Thereafter, except as provided below, the prices **. Thereafter, the prices shall be subject to an annual review and may be adjusted as set forth in this Section. Price adjustments for PPI will not occur more than once in any consecutive ** period, and may be based upon, but not be limited to, inflation as measured by PPI as reported by the U.S. Bureau of Labor Statistics provided Supplier shall have notified Supernus of such price adjustment at least ** in advance and any such total annual price increase does not exceed **. Notwithstanding the foregoing or any change in the PPI, whenever the cost for Materials increases by ** or more, such increases shall be passed through to Supernus as an increase in the Unit Price, Price adjustments due to process related improvements (other than reduction of the number of weight checks during encapsulation) shall be shared based on the relative contribution of each party to the process improvement. ** The reduction in price post implementation of process related improvements shall be reflected in the Unit Price promptly following implementation of the new weight check schedule. ** This portion has been redacted pursuant to a confidential treatment request. EXECUTION COPY
Manufacturing Fees. In addition to payments made pursuant to Section 3.1 and Section 3.2 hereof, in consideration for the quantity of Product that Nektar Manufactures, Releases and Delivers pursuant to the terms of this Supply Agreement and the applicable Order and that is not Rejected, Amgen shall pay to Nektar the Manufacturing Fees applicable to such quantity of Product. Notwithstanding anything to the contrary contained in this Supply Agreement, in no event shall Nektar be entitled to receive any Manufacturing Fees for charges, costs or expenses to the extent arising out of or resulting from (i) any costs or expenses incurred by Nektar or its Affiliates or payable by Amgen to remedy any error, omission or mistake of Nektar, its Affiliates or their respective subcontractors or personnel or breach of this Supply Agreement or any Order by Nektar, its Affiliates or their respective subcontractors or personnel, or (ii) any incremental or additional costs or expenses incurred by Nektar or its Affiliates or payable by Amgen to remedy any error, omission or mistake of Nektar, its Affiliates or their respective subcontractors or personnel or breach of this Supply Agreement or any Order by Nektar, its Affiliates or their respective subcontractors or personnel.
Manufacturing Fees. During the term of this Agreement, Buyer ------------------ will pay Seller (a) a fee (the "Leased Salaried Employee Fee") for the use by Seller of the Leased Salaried Employees which shall accrue on a daily basis and shall equal the costs attributable to the Leased Salaried Employees used by Seller to manufacture Products during each week of the term of this Agreement based upon the daily rate of each Leased Salaried Employee set forth opposite such Leased Salaried Employee's name on column D of Part II of Exhibit C hereto, (b) a fee (the "Leased Hourly Employee Fee" and, collectively with the Leased Salaried Employee Fee, the "Leased Employee Fee") for the use by Seller of the Leased Hourly Employees which shall accrue on an hourly basis and shall equal the product of (i) the costs attributable to the Leased Hourly Employees used to manufacture Products during each week of the term of this Agreement based upon the hourly rate of each Leased Hourly Employee set forth opposite such Leased Hourly Employee's name on column D of Part I of Exhibit C hereto, multiplied by (ii) the number of hours worked by such Leased Hourly Employees during each such week, and (c) a fee (the "Leased Space Fee") for the use by Seller of the Leased Space which shall accrue on a monthly basis and shall be calculated in accordance with the schedule attached hereto as Exhibit B. Payment by Buyer to Seller of the Leased Employee Fee and the Leased Space Fee in accordance with the terms of this Agreement shall constitute payment in full for any Products manufactured by Seller during the term of this Agreement. Buyer shall also pay the fees set forth on Exhibit D for miscellaneous administrative and accounting services. Buyer and Seller acknowledge that the number of Leased Employees will decrease over the term of this Agreement substantially as set forth on Exhibit A attached hereto.
Manufacturing Fees. The Manufacturing Fees charged by Baxter to Guilford for Product Manufactured hereunder shall be determined and paid as set forth in this Section 4 and in Schedule C. Xxxxxxxx will purchase a minimum of one hundred thousand (100,000) units of Product during each Calendar Year of this Agreement, except the first Calendar Year (the “First Calendar Year”). During the First Calendar Year, the minimum requirement shall be 75,000 units and shall be reduced by the number of units that Guilford purchased from Merck during 2004. The 100,000 units may be any combination of 100 mL Product and 250 mL Product units [***]. If Guilford desires to have a different packaging configuration than shown on Schedule D, then the parties shall negotiate in good faith applicable Manufacturing Fees for such configuration.
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 [*****]. If the parties are unable to agree on a re-negotiated price at least [*****] prior to the start of [*****], then this Agreement, effective the [*****] of the [*****], shall continue in force with prices being adjusted to reflect the change in [*****], in [*****] of the preceding [*****] as compared to the same [*****] prior thereto until such time as to when price negotiation can be completed. (For example: If in [*****] the [*****] is [*****] and then [*****] reflects a CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SECTIONS 200.80(b)(4) AND 240.24b-2. [*****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. [*****] of [*****] the difference would be [*****]. The [*****] would be divided by [*****] resulting in a [*****] increase of [*****]% in [*****]). In addition, Manufacturing Fees are based on [*****] volumes for Products. The Parties shall reserve the right to re-evaluate Manufacturing Fees at the beginning of the [*****] (and each [*****] thereafter) in the event that actual volumes differ from those volumes listed in Schedule A by more than [*****] percent ([*****]%). 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 11.6 (b) below.
