Custom Kit definition

Custom Kit means a kit consisting of certain Reagents, certain Primers that have been customized by Orchid or Orchid's subcontractors for use in the Field of Use and an End User License, and shall not include use of or refer to any use of TAG Arrays other than for genotyping with GBA.
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Custom Kit is defined as a product made by or for Illumina or any of its Affiliates, wherein the product contains [ * ]. For clarity, a Custom Kit may or may not include additional components, including but not limited to other consumables, reagents, and instructions sheets. The term “[ * ]” is defined as [ * ] made by CombiMatrix or an Affiliate thereof for Illumina or an Affiliate thereof pursuant to the Supply Agreement. The term “[ * ]” is defined as [ * ].
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Examples of Custom Kit in a sentence

  • ORCHID agrees ------------------------------------------ that, at AFFYMETRIX's option upon written notice to ORCHID at any time after the Conversion Date (as defined below), any Custom Kit sold to a given customer or group of customers for which sales in any Contract Year [*] CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND COMMISSION.

  • If the parties cannot reach agreement within such period, then ORCHID may discontinue manufacture and sale of such Custom Kit or transfer such kit to a third party, provided that if ORCHID elects to transfer such kit to a third party, the royalty or other fees paid by such third party must be higher than the royalty or other fees last offered by AFFYMETRIX.

  • At the end of each calendar quarter during the Term of this Agreement, ORCHID shall submit to AFFYMETRIX a [*] month rolling forecast of its then current estimates of sales of Custom Kit, which forecast shall be delineated by prospective customer, so as to permit AFFYMETRIX to validate such customers and reasonably anticipate the quantities of AFFYMETRIX products that [*] CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND COMMISSION.

  • If at any time during the Term of this Agreement, ORCHID elects to discontinue or transfer to a third party the manufacture, sale or marketing any Custom Kit pursuant to this Agreement, ORCHID shall notify AFFYMETRIX in writing, and AFFYMETRIX shall have 30 days to advise ORCHID of its interest in manufacturing and/or distributing and selling such Custom Kit during the Term.

  • Execution Copy AFFYMETRIX may make available that are associated with such Custom Kit.

  • If, with respect to a Converted Kit, the CMC concludes that at the Conversion Date ORCHID has not recovered the [*] incurred by ORCHID in developing such Custom Kit, then the CMC may require AFFYMETRIX to pay a conversion fee in an amount not to exceed [*]) in an amount and payment schedule determined by the CMC.

  • ORCHID shall provide AFFYMETRIX with quarterly ----------- written reports containing Custom Kit Information relating to Custom Kits sold by ORCHID; subject, in each case, to any confidentiality obligations of ORCHID to such customers of such Custom Kits.

  • If a customer indicates that it desires to purchase a Custom Kit, and ORCHID desires to sell such customer a Custom Kit, ORCHID shall within 5 days of receipt of such order provide to AFFYMETRIX all Custom Kit Information related to such customer's purchase (including, but not limited to projected delivery dates) to enable AFFYMETRIX to coordinate sale of applicable AFFYMETRIX products to such customer.

  • At such time, ORCHID shall provide AFFYMETRIX with the complete written specifications of such Custom Kit, subject in each such case to any confidentiality obligation ORCHID may have to any Third Party (and provided that ORCHID shall use commercially reasonable efforts to minimize such obligations), which information AFFYMETRIX may use to determine appropriate instrumentation and to promote the sale of other AFFYMETRIX products.

  • If Illumina sells more than one Custom Kit made from a particular [ * ], for each Custom Kit sold beyond the first Custom Kit (i.e, for the 2nd and each higher Custom Kit sold), Illumina will pay an “Extra-Kit Amount” to CombiMatrix.