“COGS” or “Manufacturing Cost of Goods Sold” means all of the direct costs such as labor, material, and allocated overhead costs in Product production; means all of the direct costs such as labor, material, and allocated overhead costs [sic] in a Product manufacture as detailed in Schedule [●] “Cost Analysis”, and excluding research and development costs, sales and marketing costs, as well as selling, general, and administrative expenses.
“Cost Analysis” means the Product cost information that XYZ shall provide under the format described in Schedule [●].
“Eligible Purchasers” means any and all purchasers within the Public Health Sector and Private Health Sector.
“Private Health Sector” means any non-governmental institute in the health sector which operates on a for-profit basis, and which may have access to preferential access conditions to a Product such as set out under Global Access, and as determined on a case-by-case basis by FIND.
“Public Health Sector” means (i) any government in the Territory, including any government ministry of health, department or agency, or any local or regional governmental body, authority or entity, and (ii) any officially recognized, not-for-profit organization including private not-for-profit organizations, or funds, that pursue activities to relieve suffering, promote the interests of the poor, provide basic social services, or undertake community development, including, but not limited to, the World Health Organization (and other UN organizations), ICRC UNICEF, Save the Children Fund, Médecins Sans Frontières, Unitaid, PEPFAR, the Global Fund, FIND or its authorized designee, and other funding organizations;
4. GLOBAL ACCESS AND GENERAL PRODUCT SUPPLY CONDITIONS
4.2 Eligible Purchasers and Affordable Price. XYZ agrees to the following;
a) XYZ will ensure that it or its manufacturing and/or commercial partner(s) sell the Product:
(i) at a maximum price of USD XXX (XXX United States dollars) per Test Unit (based on EXW) and a maximum price of USD XXX (XXX United States dollars) per Instrument Unit, which shall apply to Eligible Purchasers (collectively, the “Affordable Price“) in the Territory;
(ii) at a maximum price of USD XXX (XXX United States dollars) per Test Unit (based on EXW) and a maximum price of USD XXX (XXX United States dollars) per Instrument Unit, which shall apply to Eligible Purchasers (collectively, the “Affordable Price”) in the Territory; [sic]
b) At FIND’s request, XYZ shall supply the information required under the terms of Schedule [●], “Cost Analysis”.
c) The Affordable Price does not include (i) freight and insurance charges to the country destination from the XYZ site of shipment; nor (ii) import duties into the final destination country. Regarding the freight charges, XYZ shall negotiate directly with the purchaser a mutually agreed cost, retaining at all times the requirement to minimise such a cost, in accordance with Global Access requirements.