Product Cost. (i) Eagle will send an invoice for the Product Cost by unit type for the AG Product on the date such AG Product is shipped to Sandoz or its designee. Payment will be due from Sandoz within [*] of the end of each calendar month in accordance with Section 5.2. Solely for the Launch Quantity, Sandoz shall pay Eagle, (A) upon the Effective Date, a Refundable milestone payment in an amount equal to [*] of the Launch Quantity purchase order, and (B) the remaining [*] of the Launch Quantity purchase order shall be paid to Eagle by Sandoz within [*] days of Sandoz’s receipt of the corresponding invoice.
Product Cost. The Product cost will be reviewed quarterly by the parties. Any changes and timing of changes shall be agreed by the parties, in writing, and such agreement not to be unreasonably withheld or delayed. In the event the parties do not agree to a revised cost, the cost will remain unchanged from the prior quarter. Cost reductions as identified in Section 3.3 will be reviewed, and implemented, during the quarterly review.
Product Cost. Purchaser shall pay Supplier the Rack Price, as hereinafter defined, for its purchases of the Product, plus (i) all applicable taxes, fees and governmental surcharges, and (ii) four and one-half cents ($0.045) per gallon. The term “Rack Price” shall mean the posted rack price of the branded fuel supplier or unbranded seller of such Product, as applicable, in effect at the terminal of origin for its wholesalers as of the time and date of delivery to Purchaser. Purchaser shall retain and be entitled to (x) any prompt payment discounts and (y) all other discounts or rebates for all Stations, as offered by the branded fuel supplier (or any unbranded supplier) and earned by Supplier or any other discounts allowed by law and Supplier shall make its payments to its suppliers in a manner that maximizes such discounts and rebates; it being understood that Purchaser’s ability to receive such discounts and rebates was material in Purchaser’s agreement to agree to the payment terms herein. All prices charged by Supplier are subject to the provisions of applicable law. It is agreed that any duty, tax, fee or other charge which Supplier may be required to collect or pay under any municipal, state, federal or other laws now in effect or hereafter enacted with respect to the production, manufacture, inspection, transportation, storage, sale, delivery or use of the Product covered by this Agreement shall be added to the prices to be paid by Purchaser for Product purchased hereunder.
Product Cost. The calculation and elements of Product Cost shall be consistent with the historical product cost allocation used between GE Aviation and BHGE. For clarity, Product Cost does not include any internal GE Aviation profit or xxxx-up.
Product Cost. The purchase price for the Products and other terms and conditions of sale shall be as set forth in the applicable BBRG. The Purchaser shall make payment to the Company as outlined in the BBRG. The Company may grant, modify, or revoke credit in the Company's sole discretion. Also, in its sole discretion, the Company may modify the purchase price for the Products or the time or manner of payment and/or invoicing procedures in accordance with policies and procedures announced periodically or as contained in the general policies and procedures as outlined in the BBRG. Delinquent payments shall be subject to a service charge, of the lesser of one and one-half percent (1-1/2%) or the highest applicable legal rate allowed, on the delinquent amount due per month, until paid. Should the Purchaser become delinquent in any payment due the Company or its affiliates, the Company may in its sole discretion (with or without notice) suspend acceptance of orders from, or shipments to, the Purchaser.
Product Cost. Product cost shall mean the total cost to manufacture, assemble, and prepare each product for market. Such cost shall include, but not be limited to, costs of encapsulating, bottling and blending the raw materials, costs of packaging and the other direct and actual costs to NUTRA of manufacturing, assembling, and preparing the Products for market. Product Cost shall be determined as of the date of the applicable purchase order for the Product. The Product Cost for SRB shall be the lowest wholesale price at which the SRB is commercially sold by NUTRA at any place in the United States of America.
Product Cost. The Parties will install the capability into the ERP System to track yields and all costs for all Products. The Products shall carry Part Numbers in the ERP System to identify which of the Facilities are being used to manufacture the Product. The Product cost shall include: (i) fixed costs directly associated with the operation of the Facilities attributed to capacity to manufacture Product, (ii) variable costs directly associated with the manufacture of the Product, (iii) distribution costs of the Product, (iv) direct R&D for the Product, (v) SG&A Costs associated with the Product or operation of the Manufacturing Facility but excluding any Supplier or UniPixel Partner corporate costs not directly attributable to the management of the (a) generation of sales of the Product or (b) manufacture of the Product and (vi) marketing and advertising costs associated with the sale or promotion of the Product (the “Product Cost”). The Product Cost shall specifically exclude indirect research and development (R&D) costs or allocations unless such costs can be attributed to mutually agreed upon projects aimed at improving the performance or manufacturability of the Products and Services or are for the development of future Products and Services that will be supplied by the Manufacturing Facility.
Product Cost. The product cost figure used for calculating the commission is the product cost (FOB port of departure in China), exclusive of insurance, freight, U.S. customs duties and fees, U.S. taxes on the goods, and other similar costs and charges. The commissions shall be calculated on the product cost of the Products that have been delivered to and accepted by PSSWM. The product cost of any Products that do not ***** Confidential portions of this document have been redacted and have been separately filed with the Commission. meet PSSWM’s quality specifications (except to the extent that such Products were accepted with a discount in which case the commission is due on the discounted value), or were damaged in transit (except to the extent that such Products were covered by insurance to the extent of ***** or more of value) will not be included in the product cost used to calculate the commission.
Product Cost. For all Products purchased by Dotcom under this Agreement, Good Guys shall charge Dotcom and Dotcom shall pay the Actual Net Cost (as defined below) to Good Guys for such Products plus Incremental Cost (as defined below). The term "ACTUAL NET COST" shall mean the actual cost paid by Good Guys to the suppliers of such Products net of any and all allowances, rebates, credits, discounts or similar arrangements (other than early or prompt payment discounts) that have the effect of reducing the stated cost of such Products (collectively, "DISCOUNTS"). The term "INCREMENTAL COST" shall mean the direct cost, if any, reasonably incurred by Good Guys to third parties, in excess of the cost that would have been incurred in the absence of the performance by Good Guys of its product supply and fulfillment facilitation obligations hereunder. The parties acknowledge that in order to facilitate Good Guys' cash management program, Dotcom will be invoiced and will pay an amount equal
Product Cost. Product costs are based on Supplier’s Product Pricing Quotation dated [mm/dd/yyyy] (Attach Quotation sheet). Supplier guarantees the Product cost against increases until [mm/dd/yyyy]. Prices are firm as of the date a Purchase Order is issued by SLC. The Product cost effective date is based on the SLC purchase order date, not date of shipment of Products. Product cost changes after the Initial Term of this Agreement are to be presented to SLC at least 90 days prior to the effective date.
