Price Change Formula for BDT Products Containing the [***] Enzyme Sample Clauses

Price Change Formula for BDT Products Containing the [***] Enzyme. The Parties agree to calculate price changes for BDT Products containing the [***] enzyme using a *Confidential Treatment Requested by Celera Corporation* formula based on the Employment Cost Index for Total Compensation for the Pacific Region (“ECI”) as it appears on xxxx://xxx.xxx.xxx/ro9/eciwest.htm, and the annual change, if any, in the AB purchase price of the enzyme [***]. The price of Products may change by an amount determined by AB in its sole discretion, provided that any increase for such Product from one Fiscal Year to the next will not exceed the price for that Product in effect during the preceding Fiscal Year increased by a percent equal to the weighted average percent increase of two pricing components over the same period. By the first 15th of May following the Effective Date and by each May 15th thereafter during the term of the Agreement, the Parties will calculate a pricing adjustment determined by the combined percentage of: i) a weighting of 20.0% times the annual percentage of change from the previous 12 month average from April 1st to March 31st in the ECI and ii) a weighting of 80.0% times the annual change in the AB purchase price of the Roche Enzyme [***], with an example as follows. 20% (12 month avg percent change of ECI) plus 80% (annual price change in purchase price of [***] enzyme) = % of maximum price increase/yr Example - Price Change Formula for BDT Products containing the enzyme [***]
Sample 1
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Price Change Formula for BDT Products Containing the [***] Enzyme. The Parties agree to calculate price changes for BDT Products containing the [***] enzyme using a [***] indicates material that has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. formula based on the Employment Cost Index for Total Compensation for the Pacific Region (“ECI”) as it appears on xxxx://xxx.xxx.xxx/ro9/eciwest.htm, and the annual change, if any, in the AB purchase price of the enzyme [***]. The price of Products may change by an amount determined by AB in its sole discretion, provided that any increase for such Product from one Fiscal Year to the next will not exceed the price for that Product in effect during the preceding Fiscal Year increased by a percent equal to the weighted average percent increase of two pricing components over the same period. By the first 15th of May following the Effective Date and by each May 15th thereafter during the term of the Agreement, the Parties will calculate a pricing adjustment determined by the combined percentage of: i) a weighting of 20.0% times the annual percentage of change from the previous 12 month average from April 1st to March 31st in the ECI and ii) a weighting of 80.0% times the annual change in the AB purchase price of the Roche Enzyme [***], with an example as follows. 20% (12 month avg percent change of ECI) plus 80% (annual price change in purchase price of [***] enzyme) = % of maximum price increase/yr Example - Price Change Formula for BDT Products containing the enzyme [***]
Sample 1

Related to Price Change Formula for BDT Products Containing the [***] Enzyme

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • API A. Reliant shall supply to Cardinal Health for Manufacturing and Packaging, at Reliant’s sole cost, the API and applicable reference standards in quantities sufficient to meet Reliant’s requirements for each Product as further set forth in Article 4. Prior to delivery of any of the API or reference standard to Cardinal Health for Manufacturing and Packaging, Reliant shall provide to Cardinal Health a copy of the API Material Safety Data Sheet (“MSDS”), as amended, and any subsequent revisions thereto. Reliant shall supply the API, reference standards, and Certificate of Analysis FOB the Facility no later than thirty (30) days before the scheduled Manufacture Date upon which such API will be used by Cardinal Health. Upon receipt of the API, Cardinal Health shall conduct identification testing of the API. Cardinal Health shall use the API solely and exclusively for Manufacturing and Packaging under this Agreement. The maximum volume of API that Reliant supplies to Cardinal Health shall not exceed the amount reflected in the Firm Commitment and the next six (6) months of the Rolling Forecast.

  • Supply Price In event BTC exercises the Supply Option, the Supply Agreement shall afford Auxilium supply terms for Year 1 that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for the year immediately preceding the Supply Date and supply terms for each successive year that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for each preceding year as applicable.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Product Supply 5.2.1 HEMISPHERX undertakes and agrees to supply to IMPATIENTS on an exclusive basis, IMPATIENTS’ requirements of Product ordered in accordance with the terms of this Agreement, for distribution and sale in the Territory, limited to EAP use of Product in accordance with Early Access Approvals.

  • Manufacturing Intrexon shall have the option and, in the event it so elects, shall use Diligent Efforts, to perform any manufacturing activities in connection with the Aquaculture Program that relate to the Intrexon Materials, including through the use of a suitable Third Party contract manufacturer. To the extent that Intrexon so elects, Intrexon may request that AquaBounty and Intrexon establish and execute a separate manufacturing and supply agreement, which agreement will establish and govern the production, quality assurance, and regulatory activities associated with manufacture of Intrexon Materials. Except as provided in Section 4.1, any manufacturing undertaken by Intrexon pursuant to the preceding sentence shall be performed in exchange for cash payments equal to Intrexon’s Fully Loaded Cost in connection with such manufacturing, on terms to be negotiated by the Parties in good faith. In the event that Intrexon does not manufacture Intrexon Materials or bulk quantities of other components of AquaBounty Products, then Intrexon shall provide to AquaBounty or a contract manufacturer selected by AquaBounty and approved by Intrexon (such approval not to be unreasonably withheld) all Information Controlled by Intrexon that is (a) related to the manufacturing of such Intrexon Materials or bulk qualities of other components of AquaBounty Products for use in the Field and (b) reasonably necessary to enable AquaBounty or such contract manufacturer (as appropriate) for the sole purpose of manufacturing such Intrexon Materials or bulk quantities of other components of AquaBounty Products. The costs and expenses incurred by Intrexon in carrying out such transfer shall be borne by Intrexon. Any manufacturing Information transferred hereunder to AquaBounty or its contract manufacturer shall not be further transferred to any Third Party, including any Product Sublicensee, or any AquaBounty Affiliate without the prior written consent of Intrexon; provided, however, that Intrexon shall not unreasonably withhold such consent if necessary to permit AquaBounty to switch manufacturers.

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Supply of Product The JDC shall be responsible for determining the sources of, and arrangements for, the manufacture and supply of Products that the JDC believes will result in long-term profit maximization for such Products. The JDC shall endeavor to [ * ].

  • Manufacture (a) Manufacturer shall only manufacture the specific number of Products as requested by Company and at no time shall manufacture excess goods or overruns. Manufacturer shall not sell any Products bearing the Trademarks to any third parties without the express written consent of Company.

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