Existing Offers definition

Existing Offers means, with respect to the use or sale of CHIRON Licensed Products, either (a) those binding bids or tenders made in writing on or prior to September 1, 2000 and verified by a mutually acceptable independent certified public accountant, at the length of term and anticipated testing volumes, if any, set forth in such bids or tenders; provided, however, that "Existing Offers" does not include any such bid or tender that, as of the Effective Date, may be withdrawn by ROCHE without material financial penalty or (b) bids, tenders or other proposals made at any time to an End User located in a country listed in Schedule 1 of Exhibit E; provided, however, that the parties agree that there are not, as of the Effective Date, and shall not be, thereafter, any Existing Offers to End Users located in a country listed in Schedule 2.
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Examples of Existing Offers in a sentence

  • ROCHE covenants and agrees to not default on any of its obligations to provide CHIRON Licensed Products to Existing Customers under Existing Agreements, any agreements arising from Existing Offers in Japan or agreements arising from Existing Offers during the development and implementation of a Transition Plan.

  • Subject to the terms and conditions of this Agreement, CHIRON hereby grants to ROCHE and its Affiliates, so long as they remain Affiliates of ROCHE, a nonexclusive license in the Territory, without the right to sublicense, under the CHIRON Licensed Patents to make, import, use, offer for sale and sell CHIRON Licensed Products for use in Blood Screening solely for sale to or use by or on behalf of Existing Customers under the Existing Agreements and Existing Offers.

  • HCV Qualitative Assay: $0.85 HIV Qualitative Assay: 0.25 Existing Offers Per Unit Shipped ------------------- ---------------- HCV Qualitative Assay: $1.50 HIV Qualitative Assay: 0.25 Notwithstanding the above, the Earned Royalty rates per Unit Shipped to Existing Customers located in Japan for HCV Qualitative Assay shall be $0.65, and to Existing Customers located in any jurisdiction other than Japan under Existing Agreements shall be $0.85, only until December 31, 2001.