Adequate Performance definition

Adequate Performance means where (A) XYZ's performance under this Agreement complies with its responsibilities to develop and verify the Product and prepare to submit a technical dossier to an SRA, as set forth under this Agreement, including under Sections [●], as well as in the Milestones as set out in Schedules [●] (B) XYZ’s commercialization of the Product is in accordance with the terms of this Agreement, including under the Global Access Section; and (C) XYZ is not in default nor commits any material breach of any covenant in this Agreement during the Term whereby FIND would have an option to terminate underSection [●]; "Affordable Price" has the meaning ascribed to it under Section [●]; “COGS” or“Manufacturing Cost of Goods Sold” means all of the direct costs such as labor, material, and allocated overhead costs in Product production; means all of the direct costs such as labor, material, and allocated overhead costs in a Product manufacture as detailed in Schedule [●] “Cost Analysis”, and excluding research and development costs, sales and marketingcosts, as well as selling, general, and administrative expenses; “Cost Analysis” means the Product cost information that XYZ shall provide under the format described in Schedule [●]; “COVID-19” means the coronavirus disease caused by SARS-COV-2, declared by the World Health Organisation on 30th January 2020 as a PublicHealth Emergency of International Concern; "Deliverable" means all reports, plans, methods, literary works, artistic works, databases, data, derivative works, and any other work product or tools to be delivered by XYZ under this Agreement, whether oral, physical, tangible, intangible or electronic, and as may be developed pursuant to the generated by the Parties pursuant to this Agreement,and shall include any financial reports as may be required; “Ex Works” or“EXW” Shall have the meaning under INCOTERMS 2020 and shall be basedon XYZ COGS; “EligiblePurchasers” means any and all purchasers within the Public Health Sector andPrivate Health Sector; "Final Purchase Price" Means the price paid by Eligible Purchasers for the Product as detailed in Schedule [●], and includes Ex Works price, distributor’s
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Examples of Adequate Performance in a sentence

  • Client agrees to maintain Adequate Performance Assurance for Client’s Special Custody Account as agreed to by Pershing and Client, which may exceed that required by applicable rules and regulations.

  • Client agrees to maintain Adequate Performance Assurance for Client’s Special Custody Account as agreed to herein by Pershing and Client, which may exceed that required by applicable rules and regulations.

  • If a net debit balance exists on such day, the Fund will cause, by the close of business on such day, an amount of Collateral to be deposited in the Special Custody Account to provide Adequate Performance Assurance related to such net debit balance; provided that, in the event that Counterparty advises the Fund of such net debit balance after 11:00 A.M., then such amount of Collateral shall be deposited in the Special Custody Account by the close of business on the following Business Day.

  • It is understood that the Counterparty will be responsible for valuing Collateral; Custodian at no time has any responsibility for determining whether the value of Collateral is equal in value to Adequate Performance Assurance.