AZASITE definition
Examples of AZASITE in a sentence
In the event that [***] (or its affiliate, as applicable) [***] has not supplied AZASITE (meeting applicable product specifications) under the Open Purchase Order by [***], 2014 (the “Anticipated Delivery Date”), then Merck shall make a payment to Buyer in the amount of [***] within sixty (60) days after such Anticipated Delivery Date.
For clarity, this provision shall be terminated and of no further force and effect from and after the time that [***] supplies AZASITE under the Open Purchase Order.
In the event that Merck was required to make a payment to Buyer pursuant to the foregoing provisions of this Article 13, but thereafter Buyer and/or any of its Affiliates thereafter manufactures, markets, sells or distributes AZASITE in the Territory prior to the [***] anniversary of the Closing Date, then, within (30) Business Days thereof, Buyer shall refund to Merck any and all amounts paid by Merck to Buyer pursuant to the foregoing provisions of this Article 13.
Notwithstanding the foregoing, the indemnification obligations of Merck with respect to damages, losses, Liabilities and expenses incurred by Buyer Parties and payable to [***] arising out of the [***] Action shall not be subject to the Indemnification Cap of Section 12.1. As used in this Section 12.4, the term “[***] Action” shall mean [***] AZASITE [***] License”) [***] occurring prior to the Closing Date.