TMC278 Clause Samples
TMC278. Subject to the other terms and conditions of this Agreement, the TMC278 Supply Agreement shall provide that, with respect to any quantity of Supplied TMC278 ultimately used in Combination Product sold in the Territory, ▇▇▇▇▇▇▇ shall issue, and Gilead shall pay, a Pre-Conversion Invoice and, solely in the case of the Gilead Countries if there is a Triggering Sale, a Post-Conversion Invoice in accordance with the terms and procedures set forth on Annexes M and N such that Gilead pays to ▇▇▇▇▇▇▇ (i) the Pre-Conversion Supply Price and the Post-Conversion Supply Price for such Supplied TMC278 in the case of the Gilead Countries and (ii) in all other cases, [*]. On a monthly basis, no later than the tenth (10th) Business Day after the end of each month, Gilead shall calculate the Post-Conversion Supply Price for such Supplied TMC278 corresponding to Combination Product for which Triggering Sales occurred in Gilead Countries in such month in accordance with Annex N, and shall provide such Post-Conversion Supply Price to ▇▇▇▇▇▇▇. All Pre-Conversion Supply Prices and Post-Conversion Supply Prices shall be calculated in U.S. Dollars. For the avoidance of doubt, to the extent the TMC278 Supply Agreement is inconsistent with Annex M and Annex N of this Agreement, as amended, the terms of Annex M and Annex N shall supersede the terms of the TMC278 Supply Agreement (including, for clarity, the limitation in Annex M and Annex N that [*].
