SEPARATE COMPONENTS. If components of a COMMERCIAL PRODUCT are sold separately, the NET SALES of such COMMERCIAL PRODUCT shall be calculated as if the components of the COMMERCIAL PRODUCT were not sold separately; provided that no provision of this AGREEMENT shall be construed as [***]. For example, if a COMMERCIAL PRODUCT consists of [***] which is intended to be used with and to improve the half-life of FACTOR VIII, the NET SALES of such COMMERCIAL PRODUCT shall be deemed to include the amount invoiced ([***]) by ▇▇▇▇▇▇, its SUBLICENSEES and/or their respective AFFILIATES for the FACTOR VIII with which such product is intended to be used and the [***], it being understood and agreed that, for purposes of calculating royalties, the [***] and the FACTOR VIII are the COMMERCIAL PRODUCT.
Appears in 3 contracts
Sources: Exclusive Research, Development, License and Manufacturing and Supply Agreement, Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics), Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics)