Common use of Pump Clause in Contracts

Pump. IMED shall pay to DEBIOTECH a royalty on the Pump Net Proceeds of Sales for each type of Pump at a rate which shall be determined as follows: (a) if the Pump Net Proceeds of Sales are less than twice the aggregate price paid by IMED during that Contract Year for such Pump pursuant to Article 8 hereabove (after taking into consideration all final adjustments pursuant to Article 8.4), the rate shall be [CONFIDENTIAL TREATMENT REQUESTED]; (b) if the Pump Net Proceeds of Sales are more than twice, but less than two and one half times, the aggregate price paid by IMED during that Contract Year for such Pump pursuant to Article 8 hereabove (after taking into consideration all final adjustments pursuant to Article 8.4), the rate shall be [CONFIDENTIAL TREATMENT REQUESTED]; (c) if the Pump Net Proceeds of Sales are over two and one half times, but less than three times, the aggregate price paid by IMED during that Contract Year for such Pump pursuant to Article 8 hereabove (after taking into consideration all final adjustments pursuant to Article 8.4), the rate shall be [CONFIDENTIAL TREATMENT REQUESTED]; (d) if the Pump Net Proceeds of Sales are more than three times, but less three and one half times, the aggregate price paid by IMED during that Contract Year for such Pump pursuant to Article 8 hereabove (after taking into consideration all final adjustments pursuant to Article 8.4), the rate shall be [CONFIDENTIAL TREATMENT REQUESTED]; or (e) if the Pump Net Proceeds of Sales are more than three and one half times the aggregate price paid by IMED during that Contract Year for such Pump pursuant to Article 8 hereabove (after taking into consideration all final adjustments pursuant to Article 8.4), the rate shall be [CONFIDENTIAL TREATMENT REQUESTED].

Appears in 3 contracts

Sources: Development and Exclusive Distribution Agreement (Advanced Medical Inc), Development and Exclusive Distribution Agreement (Advanced Medical Inc), Development and Exclusive Distribution Agreement (Advanced Medical Inc)