Net Sales Price means the gross amount charged by Licensee for the sale of a Product, net of returns and credits for rejected goods, and after deducting (i) trade and quantity discounts actually allowed, (ii) sales, use or value added taxes, the legal obligation of which is on Licensee, and (iii) freight allowances, insurance and customs duties, to the extent any of the foregoing are identified on the invoice for the product. If a product is sold for consideration other than solely cash, the fair market value of such other consideration shall be included in the Net Sales Price. If a Product is sold in a package or kit containing another product which is not a Product, the Net Sales price for purposes of calculating the royalty under Section 3.2 hereof shall be calculated by multiplying the Net Sales Price of the combination product by the fraction of A/A+B, where “A” is the Net Sales Price of Product when sold separately “B” is the Net Sales Price of the other product or products when sold separately. If either the Product or the other product is not sold separately, the Net Sales Price of the Product shall be negotiated in good faith by the Parties.
Net Sales Price means the gross billing price of any PRODUCT received by Licensee or its SUBLICENSEE for the sale or distribution of any PRODUCT, less the following amounts actually paid by Licensee or SUBLICENSEE:
Net Sales Price means the NET SALES divided by the quantity of LICENSED PRODUCT(S) sold. In the event the LICENSED PRODUCT(S) is sold as part of a kit, or in combination with other products not covered by this Agreement (such as detection systems), the NET SALES PRICE for such products which contain the LICENSED PRODUCT(S) will be calculated as B * (A/B); where A is the gross sales price of an equivalent unit of LICENSED PRODUCT(S) sold separately, less allowances, and B is the gross sales price of the kit or combination of products in which the LICENSED PRODUCT(S) is included less allowances.
Net Sales Price means the gross sales price of any LICENSED PRODUCT or INVENTION made and sold pursuant to this Agreement, less allowances to customers for damaged or returned products and the amounts of discounts, transportation charges, and all sales and excise taxes and duties paid, absorbed, or allowed.
Net Sales Price means the Net Sales during the previous Calendar Month/Quarter in the Territory divided by the total number of units of Product to which such Net Sales were attributable and calculated separately for each vial size of the Product.
Net Sales Price means the sum of any cash and the Fair Market Value of any securities or other property, reduced by the Expenses, actually payable to the Company and/or its securityholders in connection with a Sale of the Company, upon or following the Closing and before taking into account any payments made under this Agreement or any similar transaction bonus arrangements. The Net Sales Price will include any Contingent Payments, but will exclude salaries, benefits, bonuses, retention payments, severance arrangements, equity grants and other compensation provided directly to service providers of the Company by the acquiring entity in connection with the post-closing employment or other service of such service providers with the acquiring entity and its affiliates.
Net Sales Price means the wholesale list price or top-of-the-line gross invoice sales price, whichever is greater, less permitted discounts and allowances, not to exceed one percent (1%) of Licensee's Net Sales of Licensed Product per annual period. No deductions shall be made for uncollectible accounts or for other costs incurred in the manufacturing, selling, advertising or distribution of the Licensed Products. The royalty obligations shall accrue on the earliest of shipping or actual invoicing by Licensee regardless of the time of collection by Licensee.