A&P Budget definition
Examples of A&P Budget in a sentence
For clarity, any A&P Expenses incurred by a Party (or any of its Affiliates) that are not included in the then-current Base Brand A&P Budget or that are in excess of the amounts set forth in the then-current Base Brand A&P Budget shall not constitute Co-Funded A&P Expenses.
In the event the JSC is unable, and, failing agreement by the JSC, the Commercial Heads are unable, to agree on any such update or amendment, other than an annual update to the then-current Commercial Plan (including the associated Base Brand A&P Budget), such update or amendment shall not be adopted.
Each Party shall be responsible for and shall pay, in accordance with the terms hereof, (i) [***] of all Shared A&P Expenses, and (ii) such Party’s [***] of Allocated A&P Expenses, in each case incurred by either Party during the Term in accordance with the then-current Commercial Plan (including the then-current Base Brand A&P Budget) (such Shared A&P Expenses and [***] of Allocated A&P Expenses, “Co-Funded A&P Expenses”); provided that Zogenix shall be responsible for and shall pay [***].
Notwithstanding the foregoing, in no event shall a Party become obligated to participate in activities in addition to those contemplated in the then-current Commercial Plan or incur amounts in excess of those required to be borne by such Party pursuant to the then-current Base Brand A&P Budget unless so required pursuant to a duly updated Commercial Plan or Base Brand A&P Budget.
Each proposed annual and other update or amendment to the Commercial Plan (including the Base Brand A&P Budget) and the Call Plan shall be prepared by the JPT and submitted to the JSC for review.
On or prior to [***] of the preceding Agreement Year with respect to each Agreement Year during the Term beginning with the [***], the JPT shall develop an annual update to the then-current Commercial Plan (including a Base Brand A&P Budget), and subject to Section 4.7(d), the then-current Call Plan, in each case covering the upcoming Subsequent Plan Period.
This Agreement, together with the schedules and exhibits hereto, the Initial Commercial Plan, the Initial Base Brand A&P Budget, and the test plan referred to in Section 7.1(b)(ii), all of which are incorporated by reference, contains all of the terms agreed to by the Parties regarding the subject matter hereof and supersedes any prior agreements, understandings, or arrangements between them, whether oral or in writing.
Notwithstanding anything to the contrary in the Agreement, with regard to the 2012 Bridge Period, the Parties agree that the Base Brand A&P Budget and the Commercial Plan shall not contemplate, provide or require a level of spending by Astellas with respect to A&P Expenses, and Astellas shall have no obligation [***] in aggregate with respect *** Certain information on this page has been omitted and filed separately with the Commission.