Common use of Performance Rebate Clause in Contracts

Performance Rebate. Advanced BioHealing is entitled to a rebate of [***]% of its Net Purchases for calendar year 2008 if, in such year its Net Purchases exceeds $[***]. Advanced BioHealing is entitled to a rebate of [***]% of its Net Purchases for calendar year 2009 if, in such year its Net Purchases exceeds the [***]. For purposes of this Agreement, Net Purchases means the [***] of [***] Mesh [***] minus any [***] and excluding [***]. Ethicon shall pay Advanced BioHealing any rebate due for a given period no later than [***] days after the end of that period. If the Agreement is terminated prior to its End Date for any reason, Advanced BioHealing shall earn no rebates on purchases during the period in which the Agreement was terminated. The Company shall pay the Customer any Rebate due for a given period no later than [***] days after the end of that period.

Performance Rebate. Advanced BioHealing is entitled to a rebate of [***]% of its Net Purchases for calendar year 2008 [***] if, in such year [***] its Net Purchases exceeds $[***]. Advanced BioHealing is entitled to a rebate of [***]% of its Net Purchases for calendar year 2009 [***] if, in such year [***] its Net Purchases exceeds the [***]. For purposes of this Agreement, Net Purchases means the [***] of [***] Mesh [***] minus any [***] and excluding [***]. Ethicon shall pay Advanced BioHealing any rebate due for a given period no later than [***] days after the end of that period. If the Agreement is terminated prior to its End Date for any reason, Advanced BioHealing shall earn no rebates on purchases during the period in which the Agreement was terminated. The Company shall pay the Customer any Rebate due for a given period no later than [***] days after the end of that period.