Common use of Base Supply Price; Payment Mechanism; Audit Right Clause in Contracts

Base Supply Price; Payment Mechanism; Audit Right. Subject to adjustment pursuant to Section 7.4 and/or Section 7.5, RELIANT shall pay the following price (the “Base Supply Price”) per kilogram for the Product for delivery FOB Sandefjord, Norway (Incoterms 2000), freight and tariffs/taxes to be paid by RELIANT: • USD [***] per kilogram for Product used as Sample Product. • USD [***] per kilogram for Product used as Trade Product. [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. All Product shall initially be purchased by RELIANT from PRONOVA at the Sample Product price. Within thirty (30) days after the end of each calendar month following the First Commercial Sale, RELIANT shall provide PRONOVA with a written report (a “Trade Product Report”) indicating the amount of Product that RELIANT has packaged, or caused to be packaged, as Trade Product and Sample Product during such month and shall remit therewith a true-up payment equal to the amount of the Product packaged as Trade Product during such month, multiplied by the difference between the Base Supply Price for Sample Product and the Base Supply Price for Trade Product applicable at the time such Product was purchased by RELIANT hereunder. The Trade Product Report shall be accompanied by such documentation as PRONOVA shall reasonably request (including, as applicable, documentation from the packager of the Product) to evidence the amount of Product packaged as Trade Product and as Sample Product during such month. Not more than once per year, PRONOVA shall have the right to cause an independent, certified public accountant reasonably acceptable to RELIANT, at reasonable times and upon reasonable written notice, to examine such records of RELIANT and/or any of RELIANT’s third party packager of the Product as may be necessary for the sole purpose of verifying the calculation and accuracy of the Trade Product Reports, and the correctness of any payments made pursuant thereto. All results of any such examination shall be made available to RELIANT and RELIANT may share such results with any third party packager of the Product. In the event that any audit reveals inaccuracies in the amount of any payments that were paid by RELIANT to PRONOVA, then the overpayment or underpayment amount, as the case may be, shall be paid within thirty (30) days after receipt of the final audit report. In addition, if the underpayment is in excess of five percent (5%) of the amount that actually should have been paid by RELIANT to PRONOVA, then RELIANT shall reimburse PRONOVA for the reasonable cost of such audit and PRONOVA shall have the right to an additional audit within one calendar year after such audit.

Base Supply Price; Payment Mechanism; Audit Right. Subject to adjustment pursuant to Section 7.4 and/or Section 7.5, RELIANT shall pay the following price (the “Base Supply Price”) per kilogram for the Product for delivery FOB Sandefjord, Norway (Incoterms 2000), freight and tariffs/taxes to be paid by RELIANT: • USD [***] per kilogram for Product used as Sample Product. • USD [***] per kilogram for Product used as Trade Product. [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. All Product shall initially be purchased by RELIANT from PRONOVA at the Sample Product price. Within thirty (30) days after the end of each calendar month following the First Commercial Sale, RELIANT shall provide PRONOVA with a written report (a “Trade Product Report”) indicating the amount of Product that RELIANT has packaged, or caused to be packaged, as Trade Product and Sample Product during such month and shall remit therewith a true-up payment equal to the amount of the Product packaged as Trade Product during such month, multiplied by the difference between the Base Supply Price for Sample Product and the Base Supply Price for Trade Product applicable at the time such Product was purchased by RELIANT hereunder. The Trade Product Report shall be accompanied by such documentation as PRONOVA shall reasonably request (including, as applicable, documentation from the packager of the Product) to evidence the amount of Product packaged as Trade Product and as Sample Product during such month. Not more than once per year, PRONOVA shall have the right to cause an independent, certified public accountant reasonably acceptable to RELIANT, at reasonable times and upon reasonable written notice, to examine such records of RELIANT and/or any of RELIANT’s third party packager of the Product as may be necessary for the sole purpose of verifying the calculation and accuracy of the Trade Product Reports, and the correctness of any payments made pursuant thereto. All results of any such examination shall be made available to RELIANT and RELIANT may share such results with any third party packager of the Product. In the event that any audit reveals inaccuracies in the amount of any payments that were paid by RELIANT to PRONOVA, then the overpayment or underpayment amount, as the case may be, shall be paid within thirty (30) days after receipt of the final audit report. In addition, if the underpayment is in excess of five percent (5%) of the amount that actually should have been paid by RELIANT to PRONOVA, then RELIANT shall reimburse PRONOVA for the reasonable cost of such audit and PRONOVA shall have the right to an additional audit within one calendar year after such audit.

Base Supply Price; Payment Mechanism; Audit Right. Subject to adjustment pursuant to Section 7.4 and/or Section 7.5, RELIANT shall pay the following price (the “Base Supply Price”) per kilogram for the Product for delivery FOB Sandefjord, Norway (Incoterms 2000), freight and tariffs/taxes to be paid by RELIANT: • USD [***] per kilogram for Product used as Sample Product. Product • USD [***] per kilogram for Product used as Trade Product. [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Product All Product shall initially be purchased by RELIANT from PRONOVA at the Sample Product price. Within thirty (30) days after the end of each calendar month following the First Commercial Sale, RELIANT shall provide PRONOVA with a written report (a “Trade Product Report”) indicating the amount of Product that RELIANT has packaged, or caused to be packaged, as Trade Product and Sample Product during such month and shall remit therewith a true-up payment equal to the amount of the Product packaged as Trade Product during such month, multiplied by the difference between the Base Supply Price for Sample Product and the Base Supply Price for Trade Product applicable at the time such Product was purchased by RELIANT hereunder. The Trade Product Report shall be accompanied by such documentation as PRONOVA shall reasonably request (including, as applicable, documentation from the packager of the Product) to evidence the amount of Product packaged as Trade Product and as Sample Product during such month. Not more than once per year, PRONOVA shall have the right to cause an independent, certified public accountant reasonably acceptable to RELIANT, at reasonable times and upon reasonable written notice, to examine such records of RELIANT and/or any of RELIANT’s third party packager of the Product as may be necessary for the sole purpose of verifying the calculation and accuracy of the Trade Product Reports, and the correctness of any payments made pursuant thereto. All results of any such examination shall be made available to RELIANT and RELIANT may share such results with any third party packager of the Product. In the event that any audit reveals inaccuracies in the amount of any payments that were paid by RELIANT to PRONOVA, then the overpayment or underpayment amount, as the case may be, shall be paid within thirty (30) days after receipt of the final audit report. In addition, if the underpayment is in excess of five percent (5%) of the amount that actually should have been paid by RELIANT to PRONOVA, then RELIANT shall reimburse PRONOVA for the reasonable cost of such audit and PRONOVA shall have the right to an additional audit within one calendar year after such audit.