DESITIN definition

DESITIN. `s Net Sales shall mean the gross price billed by DESITIN or its Affiliates or its sublicensees to independent parties for sales of the Product less (i) customary cash and credit discounts (other than mandatory rebates) provided that such deductions under this subclause (i) shall not exceed in average during a calendar year ***% of the gross amount invoice of the Product in the Territory; (ii) allowances given to customers for normal returns and recalls; (iii) mandatory rebates or any other measures with like effect imposed by operation of law, by any Regulatory Authority, which mandatory rebate is currently ***% in Germany; (iv) rebates granted to managed healthcare organizations or to federal, state or local governments, their agencies, purchasers and reimbursers or to trade customers; (v) tax, tariff or custom duties or other duties or governmental charges (except for income tax) levied on the sale, transportation, import or delivery of the Product; (vi) freight, shipping and insurance costs relating to the Product or (vii) retroactive price reductions. Notwithstanding the foregoing, Net Sales of Product reported by DESITIN to POZEN will be the same as the Net Sales of Product reported internally within DESITIN, in conformance with internationally acceptable accounting standards;
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DESITIN. `s Net Sales shall mean the gross price billed by DESITIN or its Affiliates to independent parties for sales of the Product less [***];
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Examples of DESITIN in a sentence

  • DESITIN shall permit any such Remedies to be brought in its name if permitted or required by law.

  • Except as specifically provided in this Agreement, DESITIN shall have no power or authority to make or give any representation or warranty or to incur any liability or obligation, or to waive any right, on ZOGENIX’s behalf.

  • To the extent DESITIN or its Affiliates nonetheless maintain any rights in and to any Improvements, DESITIN and its Affiliates hereby assign, cede and grant to ZOGENIX all rights to possession of, and all right, title, and interest, including all patents and copyrights and the right to prepare and exploit derivative works, in such Improvements.

  • In case ZOGENIX does not agree with the provided Key Facts or other statements contained in any promotional materials, ZOGENIX and DESITIN agree to discuss the Key Facts or such other statements, as applicable, in good faith.

  • ZOGENIX may compromise or settle any of the Remedies in its sole discretion, provided that, ZOGENIX shall not make any settlement or compromise that adversely affects the interests of DESITIN in respect of the Product in the Territory without the prior consent of DESITIN, such consent not to be unreasonably withheld or delayed.

  • ZOGENIX may assign its rights and obligations under this Agreement, without the prior written consent of DESITIN, to any Third Party purchaser of all or substantially all of the assets or business to which this Agreement relates.

  • ZOGENIX shall have no obligation or authority, express or implied, to exercise any control whatsoever over the employees or the business affairs of DESITIN.

  • In the event that Purchase Price is greater than the higher of [***]€ or US$[***], DESITIN shall have the right to terminate this Agreement as set forth in Section 21.7. *** Certain information on this page has been omitted and filed separately with the Commission.

  • In addition, in any such action which DESITIN commences as permitted by this Clause 13, DESITIN shall seek ZOGENIX’s consent prior to concluding any settlement agreement, which consent can be withheld in its sole discretion.

  • DESITIN, its Affiliates and permitted sub-licensees shall not (A) use the Trademark in a way that might materially prejudice its distinctiveness or validity or the goodwill of ZOGENIX therein, or (B) use any trademarks or trade names so resembling the Trademark as to be likely to cause confusion or deception.