Common use of Price; Adjustment; Reports; Payment Clause in Contracts

Price; Adjustment; Reports; Payment. (a) The parties shall attempt in good faith to agree in writing, prior to the Launch in each country, upon mutually acceptable supply pricing for the Distributor's purchase of the Agreement Product and any Improved Agreement Product(s), but such pricing in any event shall not be less than the greater of (i) the Minimum Price, or (ii) the Formula Price, except as provided in subsection (b) below. The parties shall attempt in good faith to agree in writing upon mutually acceptable minimum pricing for the Agreement Product in sizes other than the 1.0cc Treatment Syringe and for any Improved Agreement Product(s). For any syringe with a fill volume of greater than one cc (1cc), the Minimum Price shall be the amount calculated as [ *** ] plus the dollar amount which equals [ *** ] of such product with a larger fill volume [ *** ] of the one cc (1cc) syringe. In the event that Biomatrix's actual incremental Cost of Goods Sold exceeds such dollar amount, the Minimum Price shall be the amount calculated as [ *** ] Subject to the general commercial availability of appropriate syringes for the Agreement Product, the [ *** ] for a one and one-half (1.5)cc syringe, [ *** ] for a two (2.0)cc syringe, and [ *** ] for a two and one-half (2.5)cc syringe.

Price; Adjustment; Reports; Payment. (a) The parties shall attempt in good faith to agree in writing, prior to the Launch in each country, upon mutually acceptable supply pricing for the Distributor's purchase of the Agreement Product and any Improved Agreement Product(s), but such pricing in any event shall not be less than the greater of (i) the Minimum Price, or (ii) the Formula Price, except as provided in subsection (b) below. The parties shall attempt in good faith to agree in writing upon mutually acceptable minimum pricing for the Agreement Product in sizes other than the 1.0cc Treatment Syringe and for any Improved Agreement Product(s). For any syringe with a fill volume of greater than one cc (1cc), the Minimum Price shall be the amount calculated as [ *** ] plus the dollar amount which equals [ *** ] of such product with a larger fill volume [ *** ] of the one cc (1cccc(1cc) syringe. In the event that Biomatrix's actual incremental Cost of Goods Sold exceeds such dollar amount, the Minimum Price shall be the amount calculated as [ *** .] Subject to the general commercial availability of appropriate syringes for the Agreement Product, the [ *** ] for a one and one-half (1.5)cc syringe, [ *** ] for a two (2.0)cc syringe, and [ *** ] for a two and one-half (2.5)cc syringe.

Price; Adjustment; Reports; Payment. (a) The parties shall attempt in good faith to agree in writing, prior to the Launch in each country, upon mutually acceptable supply pricing for the Distributor's purchase of the Agreement Product and any Improved Agreement Product(s), but such pricing in any event shall not be less than the greater of (i) the Minimum Price, or (ii) the Formula Price, except as provided in subsection (b) below. The parties shall attempt in good faith to agree in writing upon mutually acceptable minimum pricing for the Agreement Product in sizes other than the 1.0cc Treatment Syringe and for any Improved Agreement Product(s). For any syringe with a fill volume of greater than one cc (1cccc(1cc), the Minimum Price shall be the amount calculated as [ [*** *] plus the dollar amount which equals [ [*** *] of such product with a larger fill volume [ [*** *] of the one cc (1cccc(1cc) syringe. In the event that Biomatrix's actual incremental Cost of Goods Sold exceeds such dollar amount, the Minimum Price shall be the amount calculated as [ [*** ] *]. Subject to the general commercial availability of appropriate syringes for the Agreement Product, the [ [*** *] for a one and one-half (1.5)cc syringe, [ [*** *] for a two (2.0)cc syringe, and [ [*** *] for a two and one-half (2.5)cc syringe.

Price; Adjustment; Reports; Payment. (a) The parties shall attempt in good faith to agree in writing, prior to the Launch in each country, upon mutually acceptable supply pricing for the Distributor's purchase of the Agreement Product and any Improved Agreement Product(s), but such pricing in any event shall not be less than the greater of (i) the Minimum Price, or (ii) the Formula Price, except as provided in subsection (b) below. The parties shall attempt in good faith to agree in writing upon mutually acceptable minimum pricing for the Agreement Product in sizes other than the 1.0cc Treatment Syringe and for any Improved Agreement Product(s). For any syringe with a fill volume of greater than one cc (1cc), the Minimum Price shall be the amount calculated as [ [*** *] plus the dollar amount which equals [ [*** *] of such product with a larger fill volume [ [*** *] of the one cc (1cc) syringe. In the event that Biomatrix's actual incremental Cost of Goods Sold exceeds such dollar amount, the Minimum Price shall be the amount calculated as [ [*** ] *]. Subject to the general commercial availability of appropriate syringes for the Agreement Product, the [ [*** *] for a one and one-half (1.5)cc syringe, [ [*** *] for a two (2.0)cc syringe, and [ [*** *] for a two and one-half (2.5)cc syringe.