ACCOUNTING AND REPORTING OF COLLABORATION PROFITS AND LOSSES. (A) [**] after the end of each Calendar Quarter after the first Transition Date, the Parties shall each submit to the other Party a written report (including supporting documentation) setting forth in reasonable detail an accounting of any Net Sales and Allowed Expenditures (as defined in Exhibit B) that have been incurred during the most recent Calendar Quarter.
(B) After the first Transition Date, Amgen shall establish and maintain an accounting of the Net Sales and Allowed Expenditures in the Operating Profit or Loss account in accordance with the terms of Exhibit B. Within [**] following the end of each Calendar Quarter, Amgen shall submit to ViaCell a written report setting forth in reasonable detail (and including supporting documentation) an accounting of all items credited or charged to the Operating Profit or Loss account and the calculation of any net amount owed by ViaCell to Amgen or by Amgen to ViaCell, as the case may be, in order to ensure the appropriate [**] sharing of Operating Profit or Loss. The net amount payable (taking into account each Party's [**] charged to the Operating Profit or Loss in accordance with the terms of this Agreement and Exhibit B) shall be paid by Amgen or ViaCell, as the case may be, within [**] after receipt of such written report, without regard to any dispute as to the amounts under this Section 9.2(b). With the exception of [**] and [**], neither Party may charge expenses to the Operating Profit or Loss account for [**].
(C) In the event of a dispute with respect to any amounts under Sections 9.2(a) or 9.2(b), the disputing Party shall provide written notice within [**] after receipt of the written report in question, specifying such dispute and explaining the basis of the dispute. The Parties shall promptly thereafter meet and negotiate in good faith a resolution to such dispute. In the event that the Parties are unable to resolve such dispute within [**] after notice by the disputing Party, the matter shall be resolved in a manner consistent with the procedures set forth in Article 17.
ACCOUNTING AND REPORTING OF COLLABORATION PROFITS AND LOSSES. (a) On a quarterly basis during the Term of this Agreement, the Parties shall each submit to the other Party a written report (including supporting documentation) setting forth in reasonable detail an accounting of any approved Collaboration Expenditures that have been incurred. These expenses will be submitted in a timely manner to maintain accurate accounting of Operating Profit or Loss.
(b) Prior to the Transition Date of the first Collaboration Product, Hyseq shall establish and maintain an accounting of the approved Collaboration Expenditures in the [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24B-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
ACCOUNTING AND REPORTING OF COLLABORATION PROFITS AND LOSSES. (a) On a quarterly basis during the Term of this Agreement, the Parties shall each submit to the other Party a written report (including supporting documentation) setting forth in reasonable detail an accounting of any approved Collaboration Expenditures that have been incurred. These expenses will be submitted in a timely manner to maintain accurate accounting of Operating Profit or Loss.
(b) Prior to the Transition Date of the first Collaboration Product, Hyseq shall establish and maintain an accounting of the approved Collaboration Expenditures in the Operating Profit or Loss account. The format of the reporting shall be initially as proposed in Schedule II, which may be changed from time-to-time by the Steering Committee to meet the business objectives of both Parties (e.g., to coincide with each Party's fiscal year). [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24b-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
(i) Prior to the Operating Profit or Loss account reaching or equaling a cumulative amount of [***] in Collaboration Expenditures from the Effective Date, Hyseq shall provide a [***] reporting of those Collaboration Expenditures to the Parties setting forth in reasonable detail (and including supporting documentation) an accounting of all items credited or charged to the Operating Profit or Loss account.
(ii) After the Operating Profit or Loss account balance exceeds a cumulative amount of [***] in Collaboration Expenditures from the Effective Date, Hyseq shall provide a [***] reporting of those Collaboration Expenditures to the Parties. Within [***] following the end of each Calendar Quarter, Hyseq shall submit to Amgen a written report (including supporting documentation) setting forth in reasonable detail (and including supporting documentation) an accounting of all items credited or charged to the Operating Profit or Loss account and the calculation of any net amount owed by Hyseq to Amgen or by Amgen to Hyseq, as the case may be, in order to ensure the appropriate fifty-fifty (50:50) sharing of Operating Profit or Loss. The net amount payable shall be paid by Amgen or Hyseq, as the case may be, within [***] after receipt of such written report, without regard to any dispute as to the amounts under this Section 8.3(b)(ii), but subject to Section 18.17.
(c) After the Transition Date of the first Collaboration Product, the C...
