Examples of Actimmune Net Sales in a sentence
InterMune hereby affirms its obligations pursuant to Section 2.5 of the Transition Agreement and Section 5.4 of the Assignment Agreement to remit to Genentech any accounts payable on Actimmune Net Sales for third-party royalties and for GNE Royalties, all as required by the Genentech License.
For the fiscal quarter beginning April 1 and ending June 30, 2000, and without regard to the Effective Date of this Agreement, InterMune shall be entitled to book and recognize Actimmune Net Sales for sales of all Actimmune Units and the Actimmune Gross Margin.
InterMune shall remit to Genentech any amounts payable on Actimmune Net Sales for third party royalties and for GNE Royalties, all as required by the Genentech License.
For clarification, the payment which Connetics receives from InterMune pursuant to subsection (c) below, and the sales of Actimmune Units represented thereby, shall accrue to the total Actimmune Net Sales booked by Connetics for 1999.
During the Period, InterMune agrees that Connetics shall be entitled to book the Actimmune Net Sales until the total Actimmune Units sold reaches the Baseline applicable for each calendar year during the Period, all in accordance with generally accepted accounting principles, and InterMune will not book such Net Sales or otherwise record the revenue related to the Net Sales that Connetics is entitled to book pursuant to this Agreement.
Actimmune Net Sales" means Actimmune Gross Sales less adjustments for the following: product returns, Medicare and Medicaid reimbursements, chargebacks, rebates, state payments, other contractual reimbursement, and cash discounts.
InterMune shall be entitled to book the Actimmune Net Sales for sales of all Actimmune Units above the Baseline, after the Baseline is met in a given calendar year.
During the term of this Agreement, and for [ * ] years after expiration or termination of this Agreement, InterMune shall permit an independent auditor, reasonably acceptable to InterMune, to have access to InterMune's records as may be necessary to verify the accuracy of the statements provided to Connetics under this Agreement, including Actimmune Gross Sales, Actimmune Net Sales, and Actimmune Gross Margin, and to assure that InterMune has complied with the payment terms of this Agreement.
The amount paid will count toward the total Actimmune Net Sales booked by Connetics for 1999, as set forth in paragraph (a) above.
During [*] if Actimmune Net Sales in any given calendar quarter exceed the Baseline (as may be adjusted pursuant to subsection (e) above) for that quarter by more than [*], Connetics agrees that it will [*] for the purpose of offsetting any deferred net profits that InterMune might have realized for such quarter had it been entitled to book those Actimmune Net Sales.