Production Fees definition
Examples of Production Fees in a sentence
If the audit reveals that the Owner has overpaid any amount of the Production Fee, City shall provide written notification to Owner and shall credit such amount against Owner’s subsequent semi-annual payment of Production Fees.
Owner shall pay Production Fees to the City on a semi-annual basis without exception.
Any material misstatement or misrepresentation in the Certified Report and any failure to pay Production Fees when due shall constitute events of default by Owner subject to the default provisions of this Agreement.
If and when DEPOMED decides to have MOVA provide manufacturing services with respect to the Product for countries outside the USA, then MOVA shall prepare a quotation for consideration by DEPOMED for the additional costs, if any, and the change over the Production Fees for the Product destined for each new country.
If at any time during the term of this Agreement the annual volume order by DEPOMED falls below five (5) million tablets, then MOVA shall be entitled to request an adjustment to the Production Fees with respect to the Product to reflect the increased costs that MOVA will incur as a result of the reduced volumes.
Within ninety (90) calendar days following the end of each semi- annual payment term, the City may conduct an audit or arrange for a third-party independent audit, at Owner’ expense, of Owner records regarding Certified Reports and the Production Fees.
The agreed new Product requirements and related costs and changes over the Production Fees shall be set out in an amendment to this Agreement.
The advertising fees payable by the FRANCHISEE into the advertising fund will be payable in the same fashion and under the same terms and conditions as the National Advertising Production Fees are payable and will not be refundable to the FRANCHISEE under any circumstances.
For greater certainty, MOVA’s responsibility for any loss of API in connection with the recalled Product shall be subject to the limitation set forth in Section 7.6.1. In the event that MOVA is unable to replace the recalled or returned Products, then DEPOMED may request MOVA to reimburse DEPOMED for the Production Fees paid to MOVA with respect to the recalled Products.
In the event that the Laboratory or MOVA determines that the failure of Product to meet Specifications is due to a defect in API that could not have been reasonably discovered using the testing methods set forth in the Specifications, and contemplated by, this Agreement, MOVA shall be entitled to the Production Fees (as defined in Section 5.1) for (i) such finished Product, and (ii) the costs of the testing methods employed by MOVA to determine the defect in the API.