Sales Revenue definition
Sales Revenue means the gross price billed by the Licensee or sub-licensee to a purchaser on account of every Sale of a Product or Service, including recurring and deferred payments when received, less the following deductions:
(a) rebates granted and taken, except rebates granted wholly or partially in consideration of a third party’s agreement to purchase anything that is not a Product or Service as defined in this Agreement;
(b) trade, promotional, quantity or cash discounts actually allowed and taken, not exceeding amounts that are customary in the trade;
(c) amounts repaid or credited by reason of rejections or returns of Products, or as retroactive price reductions;
(d) custom duties, excise taxes, sales taxes, value-added taxes and any compulsory payments made to government authorities, if separately stated on an invoice with the intention that costs incurred by the Licensee will be recovered from the invoiced person, and
(e) actual shipping and insurance costs in transporting Products to third parties if separately stated on an invoice with the intention that costs incurred by the Licensee will be recovered from the invoiced person. If Products or Services are bartered for goods or services, or are disposed of through a transaction that is not at Arm’s Length, the Sales Revenue shall be calculated as above, using the average of gross prices billed in typical recent Sales of equivalent Products or Services, and if there are no such Sales, then it shall be deemed to be the fair market value (having regard to the Licensee’s advertised prices and prices of near equivalents in the market). If a Product is incorporated as part of another article, the Licensee shall price the Product separately on an invoice. When a distinct price for a Product is not invoiced, or when the price stated is not a reasonable price, the Sales Revenue shall be calculated as above, using the average of net prices billed in typical recent Sales of equivalent Products, and if there are no such Sales, then the Sales Revenue for the Product shall be deemed to be the Sales Revenue for the article multiplied by the ratio of the manufacturing cost of the Product to the manufacturing cost of the article. The Licensee shall be responsible for providing satisfactory evidence of manufacturing costs. This paragraph does not apply to Services, and no adjustment is allowed to the net price billed for a Service.
Sales Revenue means any and all revenue and other consideration received by a Licensee from a Third Party for the sale of Biovest Biologic Products, including but not limited to, revenue or royalties from sales by such Licensee of Biovest Biologic Products, upfront revenue, milestone revenue, royalty income, and the market value at the time of transfer of all non-monetary consideration such as barter or counter-trade in the country of disposition.”
e) a new Section 1.14 is added to the Royalty Agreement and shall read as follows:
Examples of Sales Revenue in a sentence
The Annual Report shall provide detail as to all Sales, identifying each buyer or lessee, the number of items sold or leased, the Sales Revenue and/or Licensing Revenue, and calculating the resultant amount earned by, and paid or due to NYSERDA in accordance with paragraph (a) hereof.
The Contractor’s obligation to make payments to NYSERDA shall extend (i) from the date the Contractor first receives Sales Revenue or Licensing Revenue and continue for a period of fifteen (15) years thereafter; or (ii) until the amount paid by Contractor to NYSERDA attributable to actual Sales Revenue or Licensing Revenue from the Product is equal to one times the amount of funds actually paid by NYSERDA to the Contractor under this Agreement; whichever occurs first.
Upon a Sale of the Product, or at such time as Licensing Revenue become due to the Contractor with respect to the Product, Contractor agrees to pay to NYSERDA: (i) one percent (1%) of the Sales Revenue and of all License Revenue accruing to the Contractor.
The royalties on sales in currencies other than U.S. Dollars must be calculated using the appropriate foreign exchange rate for such currency quoted in The Wall Street Journal on the last business day of the calendar quarter in which the Net Sales Revenue occurred.
Upon a Sale of a Product that does not qualify as a New York State Product, or at such time as Licensing Revenue become due to the Contractor with respect to a Product that does not qualify as a New York State Product, Contractor shall pay to NYSERDA: (i) five percent (5%) of the Sales Revenue, or (ii) thirty percent (30%) of all Licensing Revenues accruing to the Contractor.
More Definitions of Sales Revenue
Sales Revenue means the total income or value, whichever is higher, net of trade discounts, excise and sales taxes, returns and allowances, in accordance with generally accepted accounting principles. If a product or service is sold or disposed other than at arm’s length, or is bartered for other goods, then the Sales Revenue is deemed to be a typical recent price or reasonable price of such a product or service, or their equivalent, whichever is higher.
Sales Revenue means: Costs means:
Sales Revenue means, with respect to the sale or other disposition of any Alliance Product in an arms-length transaction, the gross sales price, including all taxes, duties, freight, insurance and other charges actually billed by or for a Party to Third Parties or the other Party, less the reasonable and customary deductions from such gross amounts to the extent actually paid by or charged to the account of the Party, including, without limitation:
(a) reasonable and customary credits, allowances, discounts and rebates to, and chargebacks from customers for spoiled, damaged, out-dated and returned Alliance Product;
(b) reasonable and customary cash, quantity and trade discounts, rebates and other price reductions for such Alliance Product given to such customers; and
(c) sales, use, value-added and other direct taxes (but not income taxes of any kind) imposed upon the sale of such Alliance Product to such customers. Sales Revenue will include, without any deductions, any amounts actually invoiced by a Party as reimbursement for costs associated with authorized distribution of Alliance Products prior to Regulatory Approval. Sales Revenue will not include any product furnished to Third Parties for which no payment is receivable, such as, experimental, test market, promotional or other free goods. On the other hand, Sales Revenue will include any product sold, whether or not such product is for commercial, research or other use. Sale or transfer of an Alliance Product by or for a Party to an Affiliate of that Party for re-sale by such Affiliate will not be considered a sale for the purpose of this provision, but the resale by such Affiliate to a Third Party or to the other Party will be a sale for such purposes. Sale or transfer of an Alliance Product by or for a Party to an Affiliate of that Party for end-use by such Affiliate will be considered a sale for the purposes of this provision. The Sales [***] indicates material that has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. Revenue for any such transfer between a Party and its Affiliate or between Affiliates of the same Party will be handled in accordance with the following procedure:
Sales Revenue has the meaning set out in clause 8.1. Season means a 12-month period from 1 January to 31 December during the Term.
Sales Revenue means, with respect to any Performance Period, Parker’s consolidated net sales revenue as reported (disregarding any effects of currency rate changes, acquisitions and divestitures).
Sales Revenue means all revenues, receipts, money, and the fair market value of any shares or other securities, or other consideration directly or indirectly collected or received whether by way of cash, credit or other value received by the Assignee (but not including monies collected from any licensee or assignee of the Assignee) from the marketing, manufacturing, sale, use or distribution of any Products, less the following deductions to the extent included in the amounts invoiced and thereafter actually allowed and taken:
(i) credit, allowances or refunds given on account of returned goods,
(ii) transportation charges invoiced separately and actually charged to third parties,
(iii) direct sales taxes and customs duties applied on the sales of Products,
(iv) agents’ commissions paid by the Licensee for the sale of Products, and
(v) bona fide special rebates provided by the Licensee for Products purchased by third parties. For clarity, Sales Revenue shall not include any equity investment made by a third party to purchase shares of the Assignee;
Sales Revenue means, as calculated for the Project, in respect of each Year or portion of a Year once the Project has commenced Commercial Production, any and all revenue of the Company in a Year from the sale of iron ore, with revenue for the purposes of this Agreement based upon the actual terms of sale in effect at any point in time (and where sales are made to a Related Party the proceeds shall be based on the Fair Value of the iron ore sold). SCHEDULE 5.1 TO ENHANCED ROYALTY AGREEMENT SAMPLE CALCULATION 0