Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the parties that MERCK may sell Product to an independent third party (such as a retailer or wholesaler) and may subsequently perform services relating to Product and other products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the parties that Net Sales shall be based on the invoice price to such independent retailer or wholesaler, as set forth in Section 1.21, notwithstanding that MERCK or its Affiliates may receive compensation arising from the performance of such services.
Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the parties that SynthRx may sell Licensed Product to an independent third party (such as a retailer or wholesaler) and may subsequently perform services relating to Licensed Products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the Parties that Net Sales shall be based on the invoice price to an independent retailer or wholesaler, provided that such invoice price represents a fair market price for such Licensed Products.
Royalty Payable Under Managed Pharmaceutical Contract. It is understood ------------------------------------------------------- by the parties that Merck may sell Licensed Product(s) to an independent third party (such as a retailer or wholesaler) and may subsequently perform services relating to Licensed Product(s) and other products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the parties that Net Sales shall be based on the invoice price (negotiated at arms length and not influenced by the provision of such services) to an independent retailer or wholesaler, as set forth in Section 1.17, notwithstanding that Merck may receive compensation arising from the performance of such services.
Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the Parties that a Party may sell Therapeutic Collaboration Product to an independent Third Party (such as a retailer or wholesaler) and may subsequently perform services relating to a Therapeutic Collaboration Product and other products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the Parties that Net Sales shall be based on the average invoice price at which similar quantities of such Therapeutic Collaboration Product are sold in the country in question to Third Parties without providing such services.
Royalty Payable Under Managed Pharmaceutical Contract. It is understood ------------------------------------------------------ by the Parties that Vical may sell Licensed Product(s) to an independent third party (such as a retailer or wholesaler) and may subsequently perform services relating to Licensed Product(s) and other products under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the Parties that Net Sales shall be based on the invoice price to an independent retailer or wholesaler, provided that such invoice price represents a fair market price for such Licensed Products, notwithstanding that Vical may receive compensation arising from the performance of such services. [*****] Confidential portions of this page have been redacted and filed separately with the Commission.
Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the Parties that the applicable Royalty Payor and its Related Parties may sell a [**] Product or an RNAi Therapeutic Product, as the case may be, to an independent Third Party (such as a retailer or wholesaler) and may subsequently perform services relating to such [**] Product or RNAi Therapeutic Product, as the case may be, or other products, under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the Parties that Net Sales shall be based on the average invoice price at which similar quantities of such [**] Product or RNAi Therapeutic Product, as the case may be, are sold in the country in question to Third Parties without providing such services.
Royalty Payable Under Managed Pharmaceutical Contract. It is understood by the parties that PDC may sell Licensed Product to an independent third party (such as a retailer or wholesaler) and may subsequently perform services relating to Licensed Product(s) under a managed pharmaceutical benefits contract or other similar contract. In such cases, it is agreed by the Parties that Net Sales shall be based on the invoice price to an independent retailer or wholesaler, provided that such invoice price represents a fair market price for such Licensed Product(s).
