Common use of Sample Product Clause in Contracts

Sample Product. AstraZeneca shall supply and Prometheus shall purchase Sample Product, as set out in Schedule L (Purchase Price). The Sample configuration in place as of the Effective Date (i.e., two (2) bottles per carton, six (6) capsules per bottle, the "Twin Pack Configuration") will be converted to a one (1) bottle configuration (six (6) capsules per bottle) (the "Single Bottle Configuration") upon the consumption of all inventory of, and other material existing as of the Effective Date for, the Twin Pack Configuration which in no event shall be more than one hundred and twenty thousand (120,000) units of the Twin Pack Configuration. AstraZeneca and Prometheus may work together to explore new Sample package configurations at any time after the implementation of the Single Bottle Configuration. No other Sample package configuration mutually agreed upon by the Parties during the Term shall be implemented prior to the consumption of all inventory and other material *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. related to the Sample package configuration being replaced. Notwithstanding the foregoing sentence, Prometheus shall be financially responsible for all costs in connection with such configuration changes (except for the conversion to the Single Bottle Configuration), including, reasonable costs for obsolescence of raw materials, goods-in-process, packaging materials and supplies that cannot be used by AstraZeneca, provided that Prometheus has been advised of, and agreed in writing to, all such costs prior to any configuration changes. Prometheus shall distribute the Sample Product solely as samples for Promotion, free of charge to its customers and for no other purpose. Prometheus shall keep complete and accurate records of the Sample Product distributed by Prometheus in the Territory for a period of up to [***] years from distribution of such Sample Product. At the request of Prometheus at any time after the implementation of the Single Bottle Configuration, AstraZeneca and Prometheus will discuss in good faith the possibility of transferring responsibility for the packaging of Samples from AstraZeneca to Prometheus; provided, however, that AstraZeneca will have no obligation to make any change to the responsibility for Sample packaging or to modify any terms of this Agreement related to packaging Samples.