BASELINE QUARTERLY SALES. As used herein, "Baseline Quarterly Sales" means: i. Until the first sale in the Territory by UTC or its Affiliates to a Third Party of an injectable treprostinil product for use with the Remodulin Implantable System, the DEKA pre-filled semi-disposable pump system, or any other pump or delivery system excluded from the definition of Remodulin® Drug Products, the average quarterly sales in the Territory by UTC or its Affiliates to a Third Party of the Remodulin® Drug Products, calculated for... UTC's [***] fiscal quarters preceding the fiscal quarter against which the comparison is to be assessed. By way of example, the Baseline Quarterly Sales calculation against which UTC's Remodulin® Drug Product sales in the second fiscal quarter of 2015 (i.e. Q2 2015) is assessed shall be the average quarterly sales in the Territory by UTC or its Affiliates to a Third Party of the Remodulin® Drug Products, calculated for the following [***] periods: [***]. ii. Following the first sale in the Territory by UTC or its Affiliates to a Third Party of an injectable treprostinil product for use with the Remodulin Implantable System, the DEKA pre-filled semi-disposable pump system, or any other pump or delivery system excluded from the definition of Remodulin® Drug Products, the average quarterly sales in the Territory by UTC or its Affiliates to a Third Party of the Remodulin® Drug Products, calculated for UTC's [***] fiscal quarters preceding the quarter of such first sale. By way of example, if such first sale takes place in December 2015 (i.e. in Q4 2015), the Baseline Quarterly Sales for all future assessments shall be the average quarterly sales in the Territory by UTC or its Affiliates to a Third Party of the Remodulin® Drug Products, calculated for the following [***] periods: [***].View More
