Benchmark Product definition

Benchmark Product means a product that (i) does not contain a Shuffled Gene and (ii) is not made or identified using any MAXYGEN Intellectual Property or Joint Intellectual Property (including without limitation, any method or process included therein), but which is otherwise identical to a PIONEER Licensed Product (or if no such product exists, substantially similar to a PIONEER Licensed Product) and is available in the same geographic market and time period. A Benchmark Product shall be a commercial product sold by PIONEER or its Affiliates or Agents; provided, if PIONEER or its Affiliates or Agents do not sell such a Benchmark Product, then the most comparable product sold by a third party in the applicable geographic market during the applicable time period shall be used as the Benchmark Product. By way of illustration, and without limitation, the Benchmark Product for a PIONEER Licensed Product which contained one or more Shuffled Genes would be an otherwise comparable product not containing any Shuffled Genes.
Benchmark Product means a product not covered by Licensed Patent Rights, but otherwise identical to a Licensed Product, or if no such product exists, substantially similar to a Licensed Product, but not covered by Licensed Patent Rights, in each case, available in the same country and time period. A Benchmark Product must be a commercial product sold by Monsanto or its Affiliates or a third party. If Monsanto or its Affiliates do not sell such a Benchmark Product, then the most suitable product that meets the above definition sold by a third party in the applicable country during the applicable time period shall be used as the Benchmark Product.
Benchmark Product means a product not covered by DNA Patent Rights, but otherwise identical to a Licensed Product, or if no such product exists, substantially similar to a Licensed Product, but not covered by DNA Patent Rights, in each case, available in the same country during the applicable time period. A Benchmark Product must be a commercial product sold by Monsanto or its [*] Indicates that material has been omitted and confidential treatment has been requested therefor. All such omitted material has been filed separately with the Securities and Exchange Commission pursuant to Rule 406. Affiliates or a third party. If Monsanto or its Affiliates do not sell such a Benchmark Product, then the most suitable product that meets the above definition sold by a third party in the applicable country during the applicable time period shall be used as the Benchmark Product.

Examples of Benchmark Product in a sentence

  • SafeGuard shall provide Health Net a quarterly report that sets forth all rates for each group size and Benchmark Product quoted by SafeGuard in the Territory.

  • During the Term, SafeGuard shall not sell any Benchmark Product in the Territory for a price less than the Net Price of the comparable Health Net Branded Products plus the Health Net Mark-Up.

  • For example, if Guilford currently sells a monotherapy Product containing 100mL of tirofiban hydrochloride and another monotherapy Product containing 250mL of tirofiban hydrochloride, and the Combination Product contains 125mL of tirofiban hydrochloride, then the Benchmark Product would be the 100mL dosage formulation, and the Royalty Payment for the Combination Product would be 125/100 or 125% of the Royalty Payment for the same number of units of the Benchmark Product.

  • A SafeGuard Product for which a Health Net Branded Product is created by SafeGuard at the request of Health Net pursuant to this Section 5.1 shall be considered a Benchmark Product.

  • Any Health Net Branded Product created by SafeGuard at the request of Health Net pursuant to this Section 5.1 shall be considered a Benchmark Product.


More Definitions of Benchmark Product

Benchmark Product means sales of Energy commonly recognized in the electric power trading industry in the United States as "Firm (LD)" sales, which sales are made on a firm basis, the obligation to deliver of which is not contingent on native load requirements or the performance of any designated power generation facility or system of power generation resources, with cover damages being payable by the non-performing party in the event of an unexcused failure to deliver or receive. If at any time any Party reasonably believes that the forepart of this definition no longer describes sales of Energy that are commonly recognized and made in the electric power trading industry in the United States and that are being made by RES on behalf of the Companies pursuant to this Agreement, RES shall, in good faith, provide to the Companies a new definition that describes sales of Energy that, at that time, are commonly recognized and made in the power trading industry in the United States and that are being made by RES on behalf of the Companies pursuant to this Agreement.

Related to Benchmark Product

  • Work Product means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the Deliverables, that are developed, produced, generated, or provided by Contractor in connection with Contractor’s performance of its duties under the Contract or through use of any funding provided under this Contract.

  • Regulatory Information Service means a regulatory information service as defined in the FCA Handbook;

  • Work Products are defined as all materials, tangible or not, created in whatever medium pursuant to this Agreement, including without limitation publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, matters and combinations thereof, and all forms of intellectual property.

  • Collaboration Product means any pharmaceutical product in finished form that contains a Collaboration Compound, either as the sole active ingredient or in combination with one or more other active ingredients, and all present and future formulations, dosages and dosage forms thereof.

  • Competing Product means [***].

  • Competing Product or Service means any product or service that is sold in competition with, or is being developed and that will compete with, a product or service developed, manufactured, or sold by Fiserv. For purposes of this Section 5, Competing Products or Services as to you are limited to products and/or services with respect to which you participated in the development, planning, testing, sale, marketing or evaluation on behalf of Fiserv during any part of your employment with Fiserv, or after the termination of your employment, during any part of the 24 months preceding the termination of your employment with Fiserv, or for which you supervised one or more Fiserv employees, units, divisions or departments in doing so.

  • Development Data means any and all research data, pharmacology data, chemistry, manufacturing and control data, preclinical data, clinical data and all other documentation (including raw data) compiled, developed or generated with respect to the Compound or Product.

  • Collaboration IP means Collaboration Know-How and Collaboration Patents.

  • Research Results means any technical result acquired based on the Collaborative Research, including, but not limited to, any invention, idea, design, copyrightable work and know-how which relates to the purpose of the Collaborative Research.

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Collaboration Compound means any of the following: (a) FG-4592, (b) any HIF Compound (other than FG-4592) that is added to this Agreement pursuant to Section 3.6, and (c) any salts, esters, complexes, chelates, crystalline and amorphous morphic forms, pegylated forms, enantiomers (excluding regioisomers), prodrugs, solvates, metabolites and catabolites of any of the foregoing ((a) or (b)).

  • Licensed Compound means [***].

  • Developed Technology means any Technology including, without limitation, any enhancements, substitutions or improvements to the Core Technology that is (a) discovered, developed or otherwise acquired by DURA pursuant to the terms of the Development Agreement or (b) otherwise acquired by or on behalf of Xxxxxx Corp. II during the term of the Development Agreement.

  • New Product means the Synology-branded hardware product and Synology-branded accessories contained in the original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at Product Support Status.

  • Licensed Product means any pharmaceutical product containing a Licensed Compound (alone or with other active ingredients), in all forms, presentations, formulations and dosage forms.

  • Non-Microsoft Product means any third-party-branded software, data, service, website or product, unless incorporated by Microsoft in a Product.

  • Developed IP means IP developed by BNY Mellon pursuant to the Agreement that is (a) a modification or enhancement of the Voya IP or (b) an original non-derivative work that is specifically identified as “Developed IP” in a statement of work or similar agreement executed by both Parties under the Agreement.

  • Developed Materials means Materials created, made, or developed by Contractor or Subcontractors, either solely or jointly with the Judicial Branch Entities or JBE Contractors, in the course of providing the Work under this Agreement, and all Intellectual Property Rights therein and thereto, including, without limitation, (i) all work-in-process, data or information, (ii) all modifications, enhancements and derivative works made to Contractor Materials, and (iii) all Deliverables; provided, however, that Developed Materials do not include Contractor Materials.

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Development Works means the external development works and internal development works on immovable property;