Sales; Pricing. Novartis shall book all sales of the Product in the Territory, and shall be responsible for the pricing of the Product, including, but not limited to, the timing of pricing changes and any discounting, shall be at Novartis’ sole discretion; provided, however, that in establishing the price of the Product, Novartis will attempt to price the Product in such a way as to ensure that it remains competitive in the marketplace; and provided, further, that the Product will not be bundled or integrated with other products or services in a way which does not result in the Product being sold for its fair arm’s length market value. Reliant will be notified by Novartis of any price changes prior to such changes becoming effective. During the Term, Novartis will notify Reliant promptly, but in any event at least seven (7) business days prior to the effective date of any new pricing for the Product. With regard to managed care/institutional contracting, Novartis’ obligation under the preceding sentence shall be discharged when Novartis provides to the Marketing Committee the range of discounted pricing that its National Account Managers are authorized to provide to managed care and other institutional customers.
Sales; Pricing. (a) As of the First Sales Booking Date, Santarus or its Affiliates shall book all sales of the Products in the Territory and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Products, and for establishing and approving the form, content and terms and conditions thereof, including any discount, allowance, rebate, chargeback or other term granted therein; provided, however, that: Santarus may not sell Products as part of a bundled product without the prior written consent of Depomed. For purposes of this Section 7.2(a), a “bundled product” means Product that is sold together with at least one other pharmaceutical product for a single price or discounted price, whether sold together in the same package or merely price bundled.
Sales; Pricing. (a) Santarus shall book all sales of the Product in the Territory and shall be solely responsible for establishing pricing and for entering into any contracts and other arrangements with any Person regarding the distribution and sale of the Product in the Territory, subject to Section 6.3(b), and provided, that Santarus may not sell the Product as part of a bundled product without the prior consent of S2 and VeroScience, including with respect to the price of such bundled product and the allocation of Net Sales with respect thereto. For purposes of this Section 6.3, a “bundled product” means Product that is sold together with at least one other pharmaceutical product for a single price or discounted price, whether sold together in the same package or merely price bundled.
Sales; Pricing. (a) Zogenix or its Affiliates shall book all sales of the Product in the Territory and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Product. Subject to Sections 3.3 and 3.7, Zogenix shall be responsible for establishing and approving the form, content, and terms and conditions of contracts and other arrangements, including any discount, allowance, rebate, chargeback, or other term granted therein. Zogenix shall use commercially reasonable efforts to obtain favorable terms under such contracts, including with respect to Selected Deductions. Zogenix shall contract with wholesalers, other distributors, and retailers in the Territory without regard to Zogenix’s relative interests in the Zogenix Segment compared to the Astellas Segment, and shall not discriminate in favor of the Zogenix Segment at the expense of the Astellas Segment. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Sales; Pricing. (a) Depomed or its Affiliates shall book all sales of the Products in the Territory and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Products, and for establishing and approving the form, content and terms and conditions thereof, including any discount, allowance, rebate, chargeback or other term granted therein; provided, however, that (i) the pricing of the Products shall be consistent with the pricing established by the JCC in accordance with Section 3.3(i), (ii) the terms of such contract and other arrangement shall be consistent with the contracting guidelines established by the JCC in accordance with Section 3.3(j) and reflected in the Annual Plan, with Santarus to negotiate the rebate and chargeback amounts, the formulary position and other conditions for Product to qualify for such rebate and chargeback amounts in compliance with the contracting guidelines previously approved, and (iii) any deductions from gross amounts invoiced pursuant to any such contract or arrangement shall correspond to one or more of the categories of deductions set forth in the definition of “Net Sales” in Article I. The parties agree to discuss at the JCC and finalize the initial pricing and contracting guidelines on or before November 1, 2008.
Sales; Pricing. Zogenix or its Affiliates shall book all sales of the Product in the Territory and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Product. Zogenix shall be responsible for establishing and approving the form, content, and terms and conditions of contracts and other arrangements, including any discount, allowance, rebate, chargeback, or other term granted therein. Zogenix shall use commercially reasonable efforts to obtain favorable terms under such contracts.
Sales; Pricing. (a) Depomed or its Affiliates shall book all sales of the Product in the Territory and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Product, and for establishing and approving the form, content and terms and conditions thereof, including any discount, allowance, rebate, chargeback or other term granted therein; provided, however, that (i) the pricing of the Product shall be consistent with the pricing established by the JCC in accordance with Section 3.3 hereof, (ii) the terms of such contract and other arrangement shall be consistent with the contracting guidelines established by the JCC in accordance with Section 3.3(k) and reflected in the Annual Plan, and (iii) any deductions from gross amounts invoiced pursuant to any such contract or arrangement shall correspond to one or more of the categories of deductions set forth in the definition of “Net Sales” in Article I. The parties have reviewed the initial pricing and contracting guidelines applicable to the Product. The parties agree to discuss among the JCC and finalize the initial pricing and contracting guidelines within two weeks after the Effective Date.
Sales; Pricing. Somaxon or its Affiliates shall book all sales of the Products in the Territory in accordance with GAAP, and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Products, and for establishing and approving the form, content and terms and conditions thereof, including any discount, allowance, rebate, chargeback or other term granted therein.
Sales; Pricing. (a) Depomed or its Affiliates shall book all sales of the Product in the Territory and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Product, and for establishing and approving the form, content and terms and conditions thereof, including any discount, allowance, rebate, chargeback or other term granted therein. For purposes of clarity, any contracts or arrangements supported by Xxxxxx as contemplated by Section 6.4(b) must be executed in Depomed’s name and administered by Depomed.
Sales; Pricing. (a) Depomed or its Affiliates shall book all sales of the Product in the Territory and shall be responsible for entering into any contracts and other arrangements with any Person regarding the sale of the Product, and for establishing and approving the form, content and terms and conditions thereof, including any discount, allowance, rebate, chargeback or other term granted therein; provided, however, that (i) the pricing of the Product shall be consistent with the pricing established by the JCC in accordance with Section 3.3 hereof, (ii) the terms of such contract and other arrangement shall be consistent with the contracting guidelines established by the JCC in accordance with Section 3.3(k) and reflected in the Annual Plan, and (iii) any Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. deductions from gross amounts invoiced pursuant to any such contract or arrangement shall correspond to one or more of the categories of deductions set forth in the definition of “Net Sales” in Article I. The parties have reviewed the initial pricing and contracting guidelines applicable to the Product. The parties agree to discuss among the JCC and finalize the initial pricing and contracting guidelines within two weeks after the Effective Date.
