Price of Product. No certificate of approval holder, whether by means of a term or condition of an agreement or otherwise, may fix or maintain the price at which the wholesale licensee sells any product. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION XXXXXXX XX 0000, x. 00, §X0 (XXX). §1460. Retaliatory action prohibited
Price of Product. The Distributor and Supplier have established a base net sales price list (“Base Price List “) is attached hereto as Exhibit A.
Price of Product a. Performance specifications for Pre-Commercial Product and for Commercial Product are set forth on attached Exhibits 3 and 4, respectively. The purchase price for Commercial Product and replacement parts purchased by Distributor shall be [***], but nothing shall preclude the parties from mutually agreeing on a different price. [***] available to Distributor hereunder shall be on similar payment terms as to other distributors, customers or agents, including pricing to GE as defined in the existing Distributor Agreement with GE Fuel Cell Systems, L.L.C. dated February 2, 1999, and set forth in Schedule A, Terms and Conditions of Purchase/Sale, but shall not include pricing arrangements offered by Company to others involving the leasing or financing of the Products, revenue sharing, or other hybrid arrangements with Company's distributors, customers, or agents.
Price of Product. 8.3.1. Elan shall supply the Product to Par at Product Manufacturing Cost in accordance with the terms of this Agreement.
Price of Product. RII retains the right to establish the retail price of any Title and of the Series (the "Retail Price") and to adjust the Retail Price from time to time.
Price of Product. The price for Product provided hereunder shall be as set forth in Schedule 3 to this Agreement. The price for Product may only be adjusted as provided in Schedule 3 hereto.
Price of Product. 1. Product Price to be invoiced by IMPATIENTS to third parties excluding VAT: Price: *****. Price is established by CELSION, at its sole discretion, and may be changed by Celsion.
Price of Product. The prices of all orders will be implemented according to annex 1 within the valid term of the agreement, including freight, packing expenses, technical support and service charge.
Price of Product. For the calendar year in which launch of the ---------------- Product in the United States occurs, the Initial Manufacturing Cost will be $[*] per Batch; provided, however, that the price is subject to adjustment upward or downward prior to commercialization for changes to the OraPharma Specification and Test Procedures as set forth in Appendix C, including any changes to the manufacturing process as set forth in AAI Master Batch Record M00129.RI. The Initial Manufacturing Cost does not include the raw material cyclomethicone After the first ten commercial Batches have been produced in the OraPharma Space, the parties will review Batch yields and other quantitative efficiency measures observed during manufacturing to determine if a reduction or increase to the Initial Manufacturing Costs is warranted, including, but not limited to, any efficiencies realized through use of clean-in-place equipment. After such review, the agreed upon Manufacturing Cost will be effective until December 31, 2001. After December 31, 2001, the price may be adjusted on an annual basis for labor cost changes or other production costs related to changes to the Product's manufacturing process. AAI shall notify OraPharma of such increase not less than ninety (90) days prior to the first day of each such subsequent calendar year, and the price per Batch shall be increased by the designated amount; provided that OraPharma shall have the right to meet with AAI management and inspect such records as OraPharma may reasonably request to justify the applicable cost changes ("Inspection Rights"). Each such increase shall be effective and included in the price of Product ordered by OraPharma under this Agreement during the next calendar year. In addition, AAI shall provide notice to OraPharma, as soon as reasonably practicable upon notice to AAI, of any significant increase of the price of bulk drug substance and/or excipients used for the manufacture of Product. Each such increase shall be immediately effective upon such notice and included in the price of Product ordered under this Agreement, subject to OraPharma's Inspection Rights. The parties acknowledge that after twenty (20) commercial Batches have been manufactured in the OraPharma Space they will discuss the manufacturing process to determine if this Agreement should be amended, pursuant to Article 12.01, to change the Product pricing from a per-Batch basis to a per-kilo basis.
Price of Product. 5.1. The price of the PRODUCT to be charged to COMPANY shall be [ * ] percent ([ * ]%) of MANUFACTURING COST which price shall apply to bulk capsules or tablets (as determined during the PROJECT) of PRODUCT supplied EX WORKS ELAN’s manufacturing facility to COMPANY. For the avoidance of doubt, the price of the PRODUCT shall not include the cost of any COMPOUND used in the manufacture of the PRODUCT provided that such COMPOUND was supplied [ * ] by COMPANY to ELAN.
