Hospital Segment definition
Examples of Hospital Segment in a sentence
Abbott further agrees not to sell the Products to customers whom Abbott knows has resold or distributed or facilitated the resale or distribution of the Products outside the Hospital Segment, Physicians’ Office Segment, U.S. Government Hospital Segment, Reference Lab Segment or the Territory in violation of this Agreement or to customers that Abbott knows intend to take such action.
The parties shall be obligated to pay separate revenue-based amounts in respect of each Quarterly Period based on ▇▇▇▇▇▇ Net Sales during such Quarterly Period to the Hospital Segment and U.S. Government Hospital Segment, on the one hand, and to the Physicians’ Office Segment and Reference Lab Segment, on the other, in accordance with this Section 8.2 (each a “Revenue-Based Amount”).
If, during the Transition Period, any customer in the Hospital Segment is unable to negotiate a mutually acceptable price or other terms with Abbott for OraQuick Products, the Transition Committee shall discuss alternative solutions and strategies for the customer to minimize any potential loss of sales.
In the event the OraSure FSS is modified, expires or is terminated and such action materially and adversely affects ▇▇▇▇▇▇’▇ ability to meet the Contractual Minimums, then the parties shall negotiate in good faith reasonable reductions to the Contractual Minimums to reflect such action and the quantity of OraQuick® ADVANCE™ Devices sold by Abbott in the U.S. Government Hospital Segment during the most recent twelve (12) month period.
Abbott shall not, directly or indirectly, promote, market, sell or otherwise distribute or provide (or arrange any sale, distribution or provision of) the Products outside of the Hospital Segment, Physicians’ Office Segment, U.S. Government Hospital Segment, Reference Lab Segment or the Territory.
OraSure may directly solicit sales in the Hospital Segment, U.S. Government Hospital Segment and Reference Lab Segment so long as such activity is coordinated with ▇▇▇▇▇▇ and all such sales are referred to ▇▇▇▇▇▇ for handling in accordance with this Agreement.
The parties acknowledge that, prior to the Effective Date, OraSure entered into commitments to sell Products into the Hospital Segment.
The records shall include but not be limited to the quantity of Product sold in units by region and Segment (and by individual customers in the Hospital Segment and U.S. Government Hospital Segment) in a manner sufficient for OraSure to allocate sales to their sales personnel.
If, however, OraSure receives payment from a customer in the U.S. Government Hospital Segment with respect to the sale of Products to such customer, OraSure will receive such payment in trust for Abbott and either (i) pay Abbott the entire amount of the payment received, or (ii) credit Abbott the entire amount of the payment received against another Abbott payment.