Unit Price Amounts Clause Samples

Unit Price Amounts. Amgen shall pay Insulet the Unit Price for each Customized Insulet Device ordered by Amgen and Manufactured by Insulet in a given Commercial Year as follows: [*] Aggregate Number of Customized Insulet Devices Ordered by Amgen With respect to each [*], Unit Price for each Customized Insulet Device Shipped to Amgen [*] For the Partial Commercial Year and each Commercial Year, the Unit Price [*] (set forth in the table above) applicable thereto that Amgen will pay, and Insulet will invoice, during such period (the “Forecast-Based [*]”) shall be determined based on the lesser of the following quantities of Customized Insulet Devices set forth in the Forecast submitted immediately prior to the commencement of the Partial Commercial Year or Commercial Year, as the case may be: (i) [*] of the quantity of Customized Insulet Devices in the Binding Portion of such Forecast and (ii) the aggregate of the quantities of Customized Insulet Devices set forth in the [*] of such Forecast. Promptly after the end of the Partial Commercial Year and each Commercial Year, but in no event later than [*], Insulet will notify Amgen of the aggregate quantity of Customized Insulet Devices actually ordered by Amgen for delivery during such period and whether the Unit Amount [*] applicable thereto (the “Order-Based [*]”) is the same as the Forecast-Based [*] and, in the event that the Order-Based [*] is not the same as the Forecast-Based [*], then within [*] days after receipt of such notice either (a) if the Order-Based [*] is [*], then Amgen shall pay to Insulet the difference between the [*] and [*] Unit Prices applicable to each Customized Insulet Device or (b) if the Order-Based [*] is [*], then Insulet shall pay to Amgen the difference between the [*] and [*] Unit Prices applicable to each Customized Insulet Device.”