PRICE FOR THE PRODUCTS Sample Clauses

PRICE FOR THE PRODUCTS. 4.1. The price for the Products sold will equal Seller's cost to purchase, transport, process and terminal the sold Products (the "Cost") including a fixed administrative charge of $150,000 to be paid pro- rata with Product deliveries. If Buyer purchases less than 50% of the Maximum Volume, the administrative charge will be reduced by 50%. Prices shall be in United States Dollars. Exhibit B provides a list of the typical cost items covered under the Cost
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PRICE FOR THE PRODUCTS. The price for the Products, delivered to Buyer's manufacturing facilities at Huntingdon, Pennsylvania or South Xxxx, Xxxxxxxx or to such other domestic destination designated by Buyer, shall be as set forth on Exhibit B attached hereto and made a part hereof. Prices shall be in United States Dollars. In all events, the Products shall be shipped, at Seller's expense for freight to Buyer's designated location provided that Buyer shall be responsible for the marginal increase in shipping costs if delivery is made to destinations other than Huntingdon, Pennsylvania and South Xxxx, Xxxxxxxx. Buyer shall be responsible for any required customs clearance and all incremental costs and duties if Seller ships the Products across borders at Buyer's request.
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PRICE FOR THE PRODUCTS. 8.1.1 Subject to Articles 8.1.4, 8.1.5 and 8.1.6, the prices for the Products provided by the Supplier and Supplier Affiliate to Buyers during the term of this Agreement are set forth in Appendix 2.
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PRICE FOR THE PRODUCTS. 8.1.1 The price for the Products provided by the Supplier and the Supplier Affiliates to Nestlé Waters and the Nestlé Waters Affiliates during the term of this Offtake Supply Agreement is set forth in Appendix 3.
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PRICE FOR THE PRODUCTS. The price for the Products, firm for each Contract Year, in full truckload quantities, to Buyer's manufacturing facilities in the continental United States shall be Seller's published list price for the Products in effect as of January 1 of each Contract Year, unless Seller otherwise agrees. The parties have agreed the price for the Products, firm for 9 9 Contract Year 1995, is set forth on Exhibit B, attached hereto and made a part hereof. On or before December 1, 1995, Seller shall advise Buyer of the price for the Products for Contract Year 1996. On or before each succeeding December 1 during the term of this Agreement, Seller shall advise Buyer of the price for the Products for the next succeeding Contract Year. In all events, the Products shall be shipped, at Seller's expense, to Buyer's manufacturing facilities in the continental United States via Seller's routing. Additional costs for transportation incurred at the request of Buyer shall be for Buyer's account. The price and terms and conditions of sale for the Products in less than full truckload quantities or to Buyer's manufacturing facilities other than in the continental United States shall be negotiated by the parties prior to acceptance of the order by Seller.
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PRICE FOR THE PRODUCTS. The prices for the Products provided by the Supplier to Buyer during the term of this Agreement are set forth below.
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PRICE FOR THE PRODUCTS. 8.1.1 The price for the Products provided by the Supplier and the Supplier Affiliates to the Danone Affiliates during the term of this Offtake Supply Agreement is set forth in Appendix 3.
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Related to PRICE FOR THE PRODUCTS

  • Supply of Products TheraSense shall be responsible for the ------------------ manufacture of FreeStyle Products for sale to Nipro.

  • Supply of Product The JDC shall be responsible for determining the sources of, and arrangements for, the manufacture and supply of Products that the JDC believes will result in long-term profit maximization for such Products. The JDC shall endeavor to [ * ].

  • Net Sales The term “

  • Royalty Stacking If COMPANY or an AFFILIATE or SUBLICENSEE is legally required to pay royalties to one or more third parties, in order to obtain a license or similar right necessary to practice the PATENT RIGHTS, and COMPANY, AFFILIATE or SUBLICENSEE actually pays said third party royalties, COMPANY may offset a total of **** of such third-party payments against any royalty payments that are due to THE PARTIES in the same REPORTING PERIOD; provided, however, that in no event shall the royalty payments under this section, when aggregated with any other offsets and credits allowed under the AGREEMENT, be reduced below **** of the running royalty for such a LICENSED PRODUCT, DISCOVERY PRODUCT and/or THERAPEUTIC PRODUCT in any REPORTING PERIOD; provided, further, that COMPANY also make best efforts to require such third parties to offset its royalties as a result of royalties payable to THE PARTIES for the Patent RIGHTS by at least the same amount as THE PARTIES has offset its royalties under this Section. For purposes of clarity, third parties may include THE PARTIES.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Know-How Royalty Notwithstanding the provisions of Section 5.4.1(a), in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at [***] of the applicable royalty rate determined according to Section 5.4.1(a). Such royalties shall be calculated after first calculating royalties under Section 5.4.1(a).

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Third Party Royalties Each party shall be responsible for all of its own costs of commercializing Products or licensing Intellectual Property Rights, including any payments to Third Parties for work done by such Third Parties or for licenses necessary for the manufacture, sale, or use of Products by a party or its Affiliates or sublicensees.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • WHEXXXX xs xxxx of a plan of reorganization, RESTART PARTNERS, L.P., a Delaware Limited Partnership ("Restart"), may acquire an ownership interest in Elsinore Corporation ("Elsinore") or the Four Queens, Inc. ("FQI");

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