A&P Expenses definition

A&P Expenses means [* * *].

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A&P Expenses means Post-Effective Date costs and expenses paid by a Party (or any of its Affiliates) to a Third Party in connection with the marketing, advertising and Promotion of the Product, including costs and expenses with respect to: [***] in a Base Brand A&P Budget in accordance with Article III. Notwithstanding the foregoing, “A&P Expenses” shall not include Excluded Expenses.

Examples of A&P Expenses in a sentence

Each Party shall bear and be solely responsible for all costs and expenses paid by it in connection with the Promotion of the Product and the performance of its obligations hereunder, which costs and expenses are not Co-Funded A&P Expenses, Co-Funded Medical Affairs Expenses, or Co-Funded Phase IV Expenses.
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.
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 [***].
For clarity, any costs and expenses incurred by Zogenix (or any of its Affiliates) in connection with the performance of its obligations under Section 4.9 that are not approved by the JMT or are in excess of the amounts approved by the JMT shall not constitute Co-Funded A&P Expenses, and Astellas shall not have any obligation to pay any share of such costs and expenses.
The Parties shall have audit rights as described in this Section 12.2; provided, that audits may only be conducted for the purpose of determining or reconciling calculations made in respect of (i) Net Sales; (ii) A&P Expenses, (iii) Details, (iv) distribution of samples, (v) Development Costs (to the extent that ENDO is funding such costs), or (vi) Manufacturing costs related to adjustments in the price of the Licensed Product under Section 5.9(b).
Each Party shall submit to the other Party written reports containing detailed descriptions of all Co-Funded A&P Expenses, Co-Funded Medical Affairs Expenses, and Co-Funded Phase IV Expenses, in each case paid by the Party during the applicable period in accordance with the Commercial Plan (in the case of A&P Expenses) or Committee approvals (in the case of Co-Funded Medical Affairs Expenses and Co-Funded Phase IV Expenses).
It is understood that Sepracor shall, as a general principle and unless otherwise agreed by the Parties, bear all of its internal and external costs of any such Phase IV Development including, without limitation, the cost of Clinical Supplies required to conduct the Phase IV Development, and that such costs shall not form part of Sepracor's A&P Expenses.
Partner agrees to reasonably consider any comments submitted by Nycomed regarding the Marketing Plan including, without limitation, regarding Partner’s projected A&P Expenses or Detailing Expenses, or where Commercialization activities of Partner in the Territory would have an adverse impact on the commercialization of products incorporating Compound in the ROW.
Nycomed may monitor compliance by Sepracor with its Minimum Marketing Investment Obligations as regards A&P Expenses on the basis of Sepracor's Quarterly A&P Expense Reports pursuant to Section 15.1.1.
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.

More Definitions of A&P Expenses

A&P Expenses means, to the extent incurred, recorded and executed in connection with the Accounting Standards, Out-of-Pocket Costs for the following items, to the extent incurred in connection with advertising and promotion of the Licensed Product in accordance with this Agreement: (a) professional advertising (including agency fees); (b) consumer advertising (including agency fees); (c) Detail aids, leave-behinds and similar materials; (d) materials and programs for training of the Sales Force, including Launch meetings and annual sales meetings, Promotional Materials, telemarketing, symposia, conventions, Managed Markets initiatives, market research (not to exceed *** percent (***%) of total A&P Expenses in respect to any Agreement Year), speaker and activity programs including medical meetings, exhibits, and direct mail, internet and other non-personal promotion; and (e) samples and sample alternatives of the Licensed Product and costs relating to storage and distribution of samples to Sales Representatives. Notwithstanding the foregoing, in no event will any of the following constitute A&P Expenses: Field Force Expenses; Managed Markets, MSL or other personnel costs; costs of clinical studies; or distribution costs.

A&P Expenses means all costs and expenses: • incurred by AstraZeneca or Abraxis and paid or payable to a third party (including individuals who are independent contractors engaged to perform services but excluding employees and contract sales forces) by AstraZeneca or Abraxis in connection with the marketing, advertising, and promotion of the Product in the Territory, including: (A) marketing and marketing research costs; (B) non-personal promotion and advertising costs (including costs of direct-to-consumer advertising, journal advertising, Promotional Materials, direct mail, reminder promotions and web-based promotions); (C) public relations costs; (D) non-salary training expenses (including training materials and travel and lodging costs incurred directly in connection with training of a Designated Sales Force); (E) joint AstraZeneca and Abraxis promotional and sales meetings (it being acknowledged and agreed that the costs and expenses of each Party’s own regional and national sales meetings shall not constitute A&P Expenses), and (F) meeting and facilities rental and administration costs; provided that neither the costs and expenses of a third party sales force nor the costs or expenses of compensation and benefits paid or granted to employees of AstraZeneca or Abraxis and their respective Affiliates shall constitute A&P Expenses; • incurred by AstraZeneca or Abraxis in connection with producing training materials and in training AstraZeneca’s and Abraxis’ trainers pursuant to Section 5.1 (it being acknowledged and agreed that each Party shall be responsible for all other costs of training its Designated Sales Forces); CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT MARKED [***] HAVE BEEN REDACTED AND HAVE BEEN FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION. • fees incurred by AstraZeneca and Abraxis for services from distributors, wholesalers and group purchasing organizations; • incurred by AstraZeneca and Abraxis to commission the third-party vendor as contemplated by the applicable Business Plan; and • incurred by AstraZeneca or Abraxis otherwise in accordance with the applicable Business Plan.

A&P Expenses means (a) all out-of-pocket costs and expenses incurred (i. e., paid to Third Parties or accrued therefor) by Sepracor in connection with the advertising (including, without limitation, direct-to-consumer advertising), marketing and promotion of the Products in the Territory pursuant to a Marketing Plan and in accordance with Legal Requirements, including out-of-pocket costs incurred for: (i) marketing publications and the planning and development thereof, and market research, (ii) non-personal promotion and advertising (including costs of journal advertising, promotional materials, direct mail, reminder promotions, and web-based promotions); (iii) public relations; (iv) professional relations and medical education programs (including speakers' programs, symposia and conference presentations); (v) advisory boards; and (vi) promotional meetings, including meeting and facilities rental and administration costs; (vii) distribution and stocking allowances and service fees paid to wholesalers, distributors, and retail accounts, (viii) as well as all rebates paid to managed care, and (ix) all rebates or comparable compensation paid to patients, whether directly or indirectly, on account of crediting patients any self-retained costs of medical treatment not covered by medical insurance; (b) the supply price paid by Sepracor to Nycomed for Promotional Samples pursuant to Section 11.1.3; (c) always (i) only to the extent directly directed at the sales promotion of Products and (ii) only to the extent conforming with applicable US codes of ethics and all other applicable Legal Requirements; and (d) (i) to the express exclusion, however, of the costs and expenses incurred by Sepracor (w) related to any public relations or general promotional activities that are not predominantly related to Product and (x) generic investment in the Field that is not predominantly linked to the Product; and (ii) to the express exclusion of overheads.

A&P Expenses means (a) all reasonable internal costs in respect of work which is typically performed externally (e. g., by independent agencies), however not exceeding reasonable benchmark costs for comparable services (including proportional allocations of direct overheads) and Out-of-Pocket Costs incurred (i. e., paid to Third Parties or accrued therefor) by Partner after the Effective Date in connection with the advertising, marketing and promotion of the Product in the Territory pursuant to a Marketing Plan and in accordance with Legal Requirements, including (without limitation) costs incurred for: [***]; (b) always (i) only to the extent directly directed at the sales promotion of Product and (ii) only to the extent conforming with applicable US codes of ethics and all other applicable Legal Requirements. Notwithstanding the foregoing, A&P Expenses shall not include (u) salaries or other variable costs of Details; (v) any general or administrative overheads incurred by Partner; (w) distribution and stocking allowances paid to wholesalers, distributors, and retail accounts, all rebates paid to managed care, all rebates or comparable compensation paid to patients, whether directly or indirectly, on account of crediting patients any self-retained costs of medical treatment not covered by medical insurance; and (x) costs and expenses of Partner arising in connection with the implementation by Partner of the Daxas® Extension Program.