Common use of Aggregate Sales Reports Clause in Contracts

Aggregate Sales Reports. Within ten (10) days after the end of each calendar month during the term of this Agreement, Kmart shall provide Salton with a written statement (the "Kmart Statement") indicating, with respect to the preceding month, (i) the aggregate dollar amount of all purchases of Products [**] under this Agreement and the quantity and types of Products so purchased, (ii) the aggregate dollar amount of [**] Payments made directly to [**] upon delivery of the Products, (iii) the aggregate dollar amount of the Salton Payments made directly to Salton upon delivery of conforming Products. Salton shall have the right, upon reasonable notice and at reasonable times, within six (6) months following its receipt of the Kmart Statement to review the books and records of Kmart with respect only to (i), (ii) and (iii) above for the period covered by such Kmart Statement, to confirm the accuracy of the payments made hereunder provided that such right of review shall not be exercisable more than once per year and provided further that if such review reveals an underpayment of more than one percent (1%) of the amount to which Salton is entitled hereunder, then Salton may conduct such review twice per year. The cost and expenses of such examination shall be paid solely by Salton; provided, that if such examination reveals an underpayment to either Salton of more than one percent (1%) of the amount to which Salton is entitled hereunder, then the reasonable out of pocket costs and expenses of such examination shall be paid by Kmart upon receipt of an invoice therefor with support documentation attached. Notwithstanding the foregoing, the first Aggregate Sales Report will not be issued until after February 15, 1997. ------------------------------- [**] Text from this document has been redacted in connection with the Company's confidential filing of such document.

Aggregate Sales Reports. Within ten (10) days after the end of each calendar month during the term of this Agreement, Kmart shall provide Salton with a written statement (the "Kmart Statement") indicating, with respect to the preceding month, (i) the aggregate dollar amount of all purchases of Products [**] under this Agreement and the quantity and types of Products so purchased, (ii) the aggregate dollar amount of [**] Payments made directly to [**] upon delivery of the Products, (iii) the aggregate dollar amount of the Salton Payments made directly to Salton upon delivery of conforming Products. Salton shall have the right, upon reasonable notice and at reasonable times, within six (6) months following its receipt of the Kmart Statement to review the books and records of Kmart with respect only to (i), (ii) and (iii) above for the period covered by such Kmart Statement, to confirm the accuracy of the payments made hereunder provided that such right of review shall not be exercisable more than once per year and provided further that if such review reveals an underpayment of more than one percent (1%) of the amount to which Salton is entitled hereunder, then Salton may conduct such review twice per year. The cost and expenses of such examination shall be paid solely by Salton; provided, that if such examination reveals an underpayment to either Salton of more than one percent (1%) of the amount to which Salton is entitled hereunder, then the reasonable out of pocket costs and expenses of such examination shall be paid by Kmart upon receipt of an invoice therefor with support documentation attached. Notwithstanding the foregoing, the first Aggregate Sales Report will not be issued until after February 15, 1997. ------------------------------- [**] Text from this document has been redacted in connection with the Company's confidential filing of such document.

Aggregate Sales Reports. Within ten (10) days after the end of each calendar month during the term of this Agreement, Kmart shall provide Salton NewTech with a written statement (the "Kmart Statement") indicating, with respect to the preceding month, (i) the aggregate dollar amount of all purchases of Products [**] under this Agreement and the quantity and types of Products so purchased, (ii) the aggregate dollar amount of [**] Payments made directly to [**] upon delivery of the Products, (iii) the aggregate dollar amount of the Salton NewTech Payments made directly to Salton NewTech upon delivery of conforming Products. Salton NewTech shall have the right, upon reasonable notice and at reasonable times, within six (6) months following its receipt of the Kmart Statement to review the books and records of Kmart with respect only to (i), (ii) and (iii) above for the period covered by such Kmart Statement, to confirm the accuracy of the payments made hereunder provided that such right of review shall not be exercisable more than once per year and provided further that if such review reveals an underpayment of more than one percent (1%) of the amount to which Salton NewTech is entitled hereunder, then Salton NewTech may conduct such review twice per year. The cost and expenses of such examination shall be paid solely by SaltonNewTech; provided, that if such examination reveals an underpayment to either Salton NewTech of more than one percent (1%) of the amount to which Salton NewTech is entitled hereunder, then the reasonable out of pocket costs and expenses of such examination shall be paid by Kmart upon receipt of an invoice therefor with support documentation attached. Notwithstanding the foregoing, the first Aggregate Sales Report will not be issued until after February 15, 1997. ------------------------------- [**] Text from this document has been redacted in connection with the Company's confidential filing of such document.

Aggregate Sales Reports. Within ten (10) days after the end of each calendar month during the term of this Agreement, Kmart shall provide Salton NewTech with a written statement (the "Kmart StatementKMART STATEMENT") indicating, with respect to the preceding month, (i) the aggregate dollar amount of all purchases of Products [*****] under this Agreement and the quantity and types of Products so purchased, (ii) the aggregate dollar amount of [*****] Payments made directly to [*****] upon delivery of the Products, (iii) the aggregate dollar amount of the Salton NewTech Payments made directly to Salton NewTech upon delivery of conforming Products. Salton NewTech shall have the right, upon reasonable notice and at reasonable times, within six (6) months following its receipt of the Kmart Statement to review the books and records of Kmart with respect only to (i), (ii) and (iii) above for the period covered by such Kmart Statement, to confirm the accuracy of the payments made hereunder provided that such right of review shall not be exercisable more than once per year and provided further that if such review reveals an underpayment of more than one CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERICKS DENOTE SUCH OMMISSIONS. percent (1%) of the amount to which Salton NewTech is entitled hereunder, then Salton NewTech may conduct such review twice per year. The cost and expenses of such examination shall be paid solely by SaltonNewTech; providedPROVIDED, that if such examination reveals an underpayment to either Salton NewTech of more than one percent (1%) of the amount to which Salton NewTech is entitled hereunder, then the reasonable out of pocket costs and expenses of such examination shall be paid by Kmart upon receipt of an invoice therefor with support documentation attached. Notwithstanding the foregoing, the first Aggregate Sales Report will not be issued until after February 15, 1997. ------------------------------- [**] Text from this document has been redacted in connection with the Company's confidential filing of such document.

Aggregate Sales Reports. Within ten (10) days after the end of each calendar month during the term of this Agreement, Kmart shall provide Salton with a written statement (the "Kmart Statement") indicating, with respect to the preceding month, (i) the aggregate dollar amount of all purchases of Products [**] under this Agreement and the quantity and types of Products so purchased, (ii) the aggregate dollar amount of [**] Payments made directly to [**] upon delivery of the Products, (iii) the aggregate dollar amount of the Salton Payments made directly to Salton upon delivery of conforming Products. Salton shall have the right, upon reasonable notice and at reasonable times, within six (6) months following its receipt of the Kmart Statement to review the books and records of Kmart with respect only to (i), (ii) and (iii) above for the period covered by such Kmart Statement, to confirm the accuracy of the payments made hereunder provided that such right of review shall not be exercisable more than once per year and provided further that if is such review reveals an underpayment of more than one percent (1%) of the amount to which Salton is entitled hereunder, then Salton may conduct such review twice per year. The cost and expenses of such examination shall be paid solely by Salton; provided, that if such examination reveals an underpayment to either Salton of more than one percent (1%) of the amount to which Salton is entitled hereunder, then the reasonable out of pocket costs and expenses of such examination shall be paid by Kmart upon receipt of an invoice therefor with support documentation attached. Notwithstanding the foregoing, the first Aggregate Sales Report will not be issued until after February 15, 1997. ------------------------------- [**] Text from this document has been redacted in connection with the Company's confidential filing of such document.

Aggregate Sales Reports. Within ten (10) days after the end of each calendar month during the term of this Agreement, Kmart shall provide Salton with a written statement (the "Kmart Statement") indicating, with respect to the preceding month, (i) the aggregate dollar amount of all purchases of Products [**] under Products**under this Agreement and the quantity and types of Products so purchased, (ii) the aggregate dollar amount of [**] Payments of**Payments made directly to [**] upon to**upon delivery of the Products, (iii) the aggregate dollar amount of the Salton Payments made directly to Salton upon delivery of conforming Products. Salton shall have the right, upon reasonable notice and at reasonable times, within six (6) months following its receipt of the Kmart Statement to review the books and records of Kmart with respect only to (i), (ii) and (iii) above for the period covered by such Kmart Statement, to confirm the accuracy of the payments made hereunder provided that such right of review shall not be exercisable more than once per year and provided further that if such review reveals an underpayment of more than one percent (1%) of the amount to which Salton is entitled hereunder, then Salton may conduct such review twice per year. The cost and expenses of such examination shall be paid solely by Salton; provided, that if such examination reveals an underpayment to either Salton of more than one percent (1%) of the amount to which Salton is entitled hereunder, then the reasonable out of pocket costs and expenses of such examination shall be paid by Kmart upon receipt of an invoice therefor with support documentation attached. Notwithstanding the foregoing, the first Aggregate Sales Report will not be issued until after February 15, 1997. ------------------------------- [**] * Text from this document has been redacted in connection with the Company's confidential filing of such document.

Aggregate Sales Reports. Within ten (10) days after the end of each calendar month during the term of this Agreement, Kmart shall provide Salton NewTech with a written statement (the "Kmart Statement") indicating, with respect to the preceding month, (i) the aggregate dollar amount of all purchases of Products [**] under this Agreement and the quantity and types of Products so purchased, (ii) the aggregate dollar amount of [**] Payments made directly to [**] upon delivery of the Products, (iii) the aggregate dollar amount of the Salton NewTech Payments made directly to Salton NewTech upon delivery of conforming Products. Salton NewTech shall have the right, upon reasonable notice and at reasonable times, within six (6) months following its receipt of the Kmart Statement to review the books and records of Kmart with respect only to (i), (ii) and (iii) above for the period covered by such Kmart Statement, to confirm the accuracy of the payments made hereunder provided that such right of review shall not be exercisable more than once per year and provided further that if such review reveals an underpayment of more than one percent (1%) of the amount to which Salton NewTech is entitled hereunder, then Salton NewTech may conduct such review twice per year. The cost and expenses of such examination shall be paid solely by SaltonNewTech; provided, that if such examination reveals an underpayment to either Salton NewTech of more than one percent (1%) of the amount to which Salton NewTech is entitled hereunder, then the reasonable out of pocket costs and expenses of such examination shall be paid by Kmart upon receipt of an invoice therefor with support documentation attached. Notwithstanding the foregoing, the first Aggregate Sales Report will not be issued until after February 15, 1997. ------------------------------- [**] Text from this document has been redacted in connection with the Company's confidential filing of such document.