Net Selling Price

Net Selling Price. The actual wholesale price for seeds of the LICENSED VARIETY received by CERES or a SUBLICENSEE for the sale of such seed, excluding seed for further seed production, less any (a) customary trade, quantity, or cash discounts; (b) amounts repaid or credited by reason of rejection or return; (c) any sales, use, tariff, customs duties, V.A.T. and/or other taxes, duties and similar governmental assessments (except taxes based on income); and (d) outbound transportation, shipping, packing, costs of... insurance in transit paid by CERES or a SUBLICENSEE; subject in all cases to (a) to (d) being separately charged on customer invoices or credit notes. Where there is no identifiable sale price or when a LICENSED VARIETY is sold to other than bona fide, arms length customers of CERES or a SUBLICENSEE, CERES or the SUBLICENSEE shall be deemed to have received the NET SELLING PRICE calculated based only on the final sale of the seed (wholesale level) to an independent third party, otherwise referred to as net wholesale price payable by dealers. If no such current price is available, a hypothetical fair market value price will be determined by the parties jointly in good faith for the purpose of calculating NET SELLING PRICE View More

Net Selling Price. Means the total sales revenue (including any amounts received for rental or leasing of the Licensed Devices by LABS) for the product in question, excluding charges for returns, outbound prepaid or allowed transportation charges, sales taxes, tariffs or duties directly imposed with reference to particular sales or similar items. Net Selling Price shall only include one sale per Licensed Device.

Net Selling Price. Shall mean on a country by country basis the price invoiced by Pierre Fabre or Cypress, as applicable, or their respective Affiliates or sub-licensees from a Third Party which is not an Affiliate or sub-licensee of the selling party (unless such Affiliate or sub-licensee is the final user of and does not further sell such product, in which case the amount billed therefor shall be deemed to be the amount that would be billed to a Third Party in an arm's-length transaction) for sales of any... Licensed Product to such Third Parties less the following items, as allocable to such Licensed Product: (i) trade discounts, credits or allowances, (ii) credits or allowances additionally granted upon returns, rejections or recalls (except where any such recall arises out of Pierre Fabre's or Cypress' or its Affiliate's or sub-licensee's gross negligence, willful misconduct or fraud), (iii) freight, shipping and insurance charges, (iv) taxes, *Confidential Treatment Required 4. duties or other governmental tariffs (other than income taxes) and (v) government mandated rebates. "Average Net Selling Price" shall mean the weighted average Net Selling Price of the Licensed Product in the Licensed Territory or in the Rest of the World as applicable. "Net Sales" shall mean the amount equal to the total units invoiced by Pierre Fabre or Cypress, as applicable or their respective Affiliates or sub-licensees from a Third Party which is not an Affiliate or sub-licensee of the selling party at the actual Net Selling Price. View More

Net Selling Price. Means Spectranetics' invoice price to customers for sales of Stroke Disposables, less deductions from such invoice price for: (i)refunds actually allowed or taken for rejected or returned Stroke Disposables; (ii) excise, use, value added and sales taxes, to the extent included in the amounts invoiced; (iii) customs, duties and other imports, to the extent included in the amounts invoiced; (iv) quantity discounts, actually... allowed or taken; (v) off-invoice allowance, actually allowed or taken; (vi) credits on account or retroactive price reductions, actually allowed or taken; (vii) cost of insurance, billed to and paid by the customer; (viii) cost of shipping and transportation, billed to and paid by the customer; (ix) rebates required by government rule, regulation, program, or fiat, to the extent that any such rebates may be paid or allowed by Spectranetics; and (x) associated or related services such as repair and maintenance, physician and medical personnel training, and other clinical training. View More

Net Selling Price. Will mean the invoice price at which Catcher sells the Catcher(TM) device, less: the actual cost of freight charges or of freight absorption separately stated on the invoice; all discounts, allowances and rebates; associated fees and commissions; duties and taxes on sale, transportation or delivery separately stated on the invoice (unless in the nature of a value added tax, which need not be separately stated); credit and cash refunds for returned goods; and allowances for damaged, obsolete or... defective goods. View More

Net Selling Price. Means with respect to any TRAZER Product provided by Licensee to its customer, the total amount received from said customer by Licensee in respect of its sale or other disposition of TRAZER Product after deducting (i) any cash discounts, rebates, concessions and allowances, including warranty allocation, (ii) sales tax, freight and other shipping charges, including any insurance, (iii) credits to customers for returned TRAZER Product or adjustments to the cost of TRAZER Product provided, or... damage or other customer non-acceptance of TRAZER Product. View More

Net Selling Price. Means the gross proceeds realized by UNITED from sales of Products produced by MEMBERS in the Primary Pool, less expenses directly attributable to the Primary Pool, including all Operating Costs, charges or expenses attributable to the marketing and sale of pooled Products, including without limitation salaries, wages and other benefits of UNITED's employees, office expense and appropriate consulting fees, and all costs of transportation of the pooled Products.

Net Selling Price. Of a Product means the total sales revenue for such Product (including any amounts for rental or leasing of such product), excluding charges for returns, rebates, credits, post-sale adjustments, including adjustments for doubtful accounts, outbound prepaid or allowed transportation charges, sales taxes, tariffs or duties directly imposed with reference to particular sales or similar items.

Net Selling Price. The gross selling price of the Licensed Products in an arms-length transaction for cash between unaffiliated parties, less the following charges to the extent they are included in the gross selling price and are separately billed to the customer: (i) special taxes, including purchase, sales, import, export, excise, if any; (ii) custom duties; (iii) freight and transportation from place of manufacture to the customer's premises; and (iv) cash discounts, returns, or refunds.

Net Selling Price. Means the average price paid for a unit of Product by all customers in the United States during a given period of time based on EyePoint's and its Affiliates' net Product revenue reported in its financial statements for such period divided by the total number of units of Product sold by EyePoint and its Affiliates to its distributors during the corresponding period. Net product revenue will include deductions for (a) returns, credits, allowances, discounts and rebates (including volume-based... rebates) to the account of such customers, (b) an allowance for bad debts, and (c) fees actually paid to distributors and specialty pharmacies for distribution of such Product, in each case of (a) through (c), as determined in accordance with GAAP. For avoidance of doubt, any Product shipped by EyePoint or its Affiliates or distributors as samples are specifically excluded from this calculation. View More