M&P Costs definition

M&P Costs has the meaning set forth on Exhibit A.
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M&P Costs means, with regard to a particular Product, the external and internal costs associated with the promotion, marketing and sale of such Product in the U.S. for **** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. activities authorized and approved by the JMC as part of applicable Product Plan and Budget, as follows: (a) M&P Costs shall include the external and internal costs of marketing the Product in the U.S., which shall include, but not be limited to, the allocated costs of field-based sales organizations and professional contract service personnel engaged in marketing the Product, advertising, sales and/or marketing training activities, and selling Product and any specifically identifiable Third Party contract services or materials associated with such activities. For purposes of determining such allocated costs, all relevant factors (e.g., number and type of products detailed, site of marketing, proportion of effort devoted to different products, units of each Product sold) shall be taken into consideration. The internal marketing costs include “marketing allocable overhead” charges to marketing the Product consistent with applicable Accounting Principles as applied by Roche to all of its products on a consistent basis. (b) M&P Costs shall also include the pre-registration marketing expenses related to the above activities in the U.S. performed before the First Commercial Sale of such Product in the U.S. (c) M&P Costs includes costs attributable to the marketing and/or promotion of the Product in the U.S., as follows: (i) all Product-related U.S. media advertising and promotion literature, e.g., peer-reviewed journals, newspapers, TV, radio, agency fees, Internet, including production costs, handouts, mailing and other printed materials, (ii) samples of Product distributed in the U.S. for promotional purposes, (iii) organizing and participating in congresses and sponsoring local delegates to such events in the U.S., (iv) mini symposia, such as evening events, in the U.S., and (v) running marketing studies, including the costs of compassionate use programs, in the U.S. (d) M&P Costs shall not include any cost or expense included in R&D Costs, CMC Costs, Commercial Manufacturing Costs or Distribution Costs. (e) M&P Costs shall further include the external and internal costs of the following: (i) Trial materia...
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Examples of M&P Costs in a sentence

  • Notwithstanding the above, if Maxygen is continuing to share M&P Costs with regard to the applicable Product in the U.S., then Roche’s obligation to pay Maxygen royalties on Net Sales of such Product in the US shall continue for so long as Maxygen shares such M&P Costs.

  • Such payments shall be adjusted accordingly to reflect the [****] sharing of M&P Costs allocated to the U.S. for Products.

  • If Maxygen provides Roche notice of Maxygen’s opt-out of further sharing of Collaboration Costs for Products, such decision shall be irrevocable, and shall terminate Maxygen’s right and obligation to share further Collaboration Costs other than Exit Costs as expressly described in Section 4.7.4, including, without limitation, its right to co-fund M&P Costs in the U.S.