Otherwise Distributed. Where LICENSED PRODUCT is not sold, but are OTHERWISE DISTRIBUTED, the NET SALES of the LICENSED PRODUCT will be the average of the NET SALES of the LICENSED PRODUCT that were sold to THIRD PARTIES during the most recent calendar quarter; and if there have been no previous sales of the LICENSED PRODUCT, then the NET SALES of such LICENSED PRODUCT will be the average selling price at which products of similar kind and quality, sold in similar quantities, are then currently being offered for sale by other manufacturers.
Appears in 3 contracts
Sources: Patent and Know How License Agreement (Learn SPAC HoldCo, Inc.), Patent License Agreement (Roth CH Acquisition I Co. Parent Corp.), Patent License Agreement (Roth CH Acquisition I Co. Parent Corp.)