Class B Customer definition
Class B Customer means a customer of Products and/or Combinations under this Agreement that is invoiced at Licensee’s then-current preferred or exclusive selling price for such Products and/or Combinations, which price is lower than the applicable general selling price payable by Class A Customers. The parties understand that Class B Customers are generally higher-volume purchasers of Products and Combinations.”
C. Section 7.2 of the Agreement is hereby deleted in its entirety.
D. The first paragraph of Section 8.3 of the Agreement and the royalty table following that paragraph are hereby deleted in their entirety and replaced with the following: “Licensee will pay Licensor a running royalty on Net Sales Value from the sale or other disposition of Products and Combinations at the following rates with respect to the following periods and customers during the term hereof: Confidential treatment has been requested for portions of this Agreement. This Agreement omits the information subject to the confidential treatment request. Omissions are designated as ***. A complete version of this agreement has been filed separately with the Securities and Exchange Commission. Years Class A Customer Royalty Rate Class B Customer Royalty Rate January 1, 2011 – December 31, 2011 ***% ***% January 1, 2012– December 31, 2012 ***% * January 1, 2013 – December 31, 2013 ***% * *The parties will negotiate in good faith to agree upon applicable royalty rates for Class B Customers with respect to calendar years 2012 and 2013, such agreement to be reached by the end of the preceding year. With respect to each customer, Licensee will determine the appropriate customer class (as set forth in the preceding table) in good faith, it being understood that all Net Sales Value is subject to royalty. Any ambiguity in determining a customer’s class will be resolved in favor of its being a Class A Customer (e.g., where there are more than two price tiers for a Product and as a result it is not obvious whether a customer is Class A or Class B).”
E. Section 8.5 of the Agreement is hereby deleted in its entirety and replaced by the following: “Running Royalties as set forth in Section 8.3 shall be paid within 30 (thirty) days after the end of a Royalty Period with respect to royalty-bearing sales occurring in that period, and will be accompanied by a statement indicating the associated Net Sales Value and royalties payable (including currency conversions), itemized by Products and Combinations to which the Net ...
Class B Customer means any person generating in excess of 1500 cubic decimetres or 300 kilograms of refuse per week .