Generic Erosion definition
Examples of Generic Erosion in a sentence
If Generic Erosion for any such Collaboration Product is documented for a particular calendar quarter, the reduced royalty set forth in Section 7.4 above will apply and be limited to each subsequent calendar quarter in which such Generic Erosion continues to exist, as documented by GSK pursuant to this Section 7.5.
The reduced royalty rate will be applied, in retrospect if necessary, to the sales of the applicable Licensed Product in the ▇▇▇▇▇▇▇ Calendar Quarter immediately following the ▇▇▇▇▇▇▇ Calendar Quarter during which Generic Erosion first occurs and such reduced royalty rate shall thereafter continue on a ▇▇▇▇▇▇▇ Calendar Quarter-by-▇▇▇▇▇▇▇ Calendar Quarter basis during the Royalty Term for so long as such Generic Erosion continues to exist.
From and after when Generic Erosion first exists with respect to any Licensed Product or Targacept Returned Product in a particular country during the term of this Agreement, the applicable royalty rate set forth in Section 5.3 or Section 5.4, as the case may be, with respect to Net Sales of such Licensed Product or Targacept Returned Product in such country shall be reduced by [********] (i.e., shall be [********] of what it would be but for this Section 5.5(c)).
Generic Erosion for any Collaboration Product then-currently Commercialized by GSK will be calculated on a calendar quarterly basis using reference data published by IMS Health, S▇▇▇▇-▇▇▇▇▇ or another industry-accepted source used by GSK at the time that such determination is made.
Generic Erosion for any Collaboration Product then-currently Commercialized by GSK will be calculated on a calendar quarterly basis using reference data published by IMS Health, ▇▇▇▇▇-▇▇▇▇▇ or another industry-accepted source used by GSK at the time that such determination is made.
The reduced royalty set forth in the proviso in Section 8.3.1 will apply and be limited to each calendar quarter in which Generic Erosion exists, as documented by Xcel pursuant to this Section 8.5. Xcel will notify POZEN in writing promptly upon its determination that Generic Erosion has occurred with respect to a calendar quarter and will provide with such notice such information and documentation as is reasonably necessary for POZEN to confirm the accuracy of such determination.
In the event GSK elects to stop Commercializing the Licensed Product in the Major Market Countries after Generic Erosion has occurred pursuant to Section 8.5, which countries accounted for [**]percent ([**]%) or more of the total sales in the Territory [**], GSK will promptly send written notice to Millennium of such election and either Party will have the opportunity to terminate this Agreement.
If the First Commercial Sale of a Collaboration Product has occurred as of the effective date of termination, and such date is after the expiration of GSK’s U.S. Patent covering its sumatriptan product, and Generic Erosion of sumatriptan has occurred, GSK will supply such Collaboration Product to POZEN at a price equal to [* *] (plus the costs of freight from the GSK facility to the POZEN facility).
If the First Commercial Sale of a Collaboration Product has occurred as of the effective date of termination, and such date is after the expiration of GSK’s U.S. Patent covering its sumatriptan product, and Generic Erosion of sumatriptan has occurred, GSK will supply such Collaboration Product to POZEN at a price equal to [***]% (plus the costs of freight from the GSK facility to the POZEN facility).
Once Generic Erosion (as defined above in Section 8.5) has occurred in a country in the Territory, [**]; provided, however, if [**] a Major Market Country, [**] Major Market Countries and [**] Licensed Product by GSK in the Territory as set forth in Section 8.3 or 8.5, as applicable for such country.