Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first [**] Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [**]. On or before [**] of each Year, the parties will agree on the YFV for the next [**] Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the [**] Year may not vary by more than [**]% from the original YFV for the [**] Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
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Samples: Product Agreement (La Jolla Pharmaceutical Co), Product Agreement (Tetraphase Pharmaceuticals Inc)
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first [**] two Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [**]. *] On or before [**] June 10 of each Year, the parties will agree on the YFV for the next [**] two Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the [**] second Year may not vary by more than [**]% *] from the original YFV for the [**] second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Samples: Product Agreement (TESARO, Inc.)
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first […***…] Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 5.6 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = […**]. *…] ***Confidential Treatment Requested Master Manufacturing Services Agreement On or before [**] June 10 of each Year, the parties will agree on the YFV for the next [...***...] Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the [**] second Year may not vary by more than […***…]% from the original YFV for the [**] second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first […***…] Years of the Product Agreement (the “Yearly Forecast Volume” or “YFV”) that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 5.6 (“Actual Yearly Volume” or “AYV”) during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = […**]. *…] *** Confidential Treatment Requested Master Manufacturing Services Agreement On or before [**] June 10 of each Year, the parties will agree on the YFV for the next [...***...] Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the [**] second Year may not vary by more than […***…]% from the original YFV for the [**] second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Price Adjustment due to Volume Changes from Yearly Forecast Volumes for Sterile Products. On the execution of a Product Agreement, Client will give to Patheon a forecast of the volume of Product required for the first [***] Years of the Product Agreement (the “"Yearly Forecast Volume” " or “"YFV”") that will become part of the Product Agreement. If at the end of the first Year the aggregate actual volume of Product ordered by Client and invoiced by Patheon under Section 5.5 5.6 (“"Actual Yearly Volume” " or “"AYV”") during the Year is less than the YFV as set out in the Product Agreement, then Client will pay Patheon for its non-absorbed fixed manufacturing costs incurred during the Year in an amount to be determined as follows: Amount due to Patheon = [**]. *] On or before [***] of each Year, the parties will agree on the YFV for the next [***] Years of the Product Agreement on a rolling forward basis. The forecast of the volume of Product for the [**] second Year may not vary by more than [***]% from the original YFV for the [**] second Year. Once agreed, the YFV for the next Year will become binding on the parties and any amount due to Patheon will be determined as set forth above.
Appears in 1 contract
Samples: Product Agreement (Horizon Therapeutics Public LTD Co)