Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 shall be borne by BGM; provided, however, that if any audit reveals that Abbott underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] ($[***]), Abbott, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 2 contracts
Samples: Galectin 3 License and Distribution Agreement (BG Medicine, Inc.), Galectin 3 License and Distribution Agreement (BG Medicine, Inc.)
Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 shall be borne by BGM; provided, however, that if any audit reveals that Abbott BMX underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] ($[***]), AbbottBMX, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 1 contract
Samples: Galectin 3 License and Distribution Agreement (BG Medicine, Inc.)
Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 shall be borne by BGM; provided, however, that if any audit reveals that Abbott Xxxxxx underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] ($[***]), AbbottXxxxxx, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 1 contract
Samples: License and Distribution Agreement
Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 3.10 shall be borne by BGM; provided, however, that if any audit reveals that Abbott IMI underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] Dollars ($[***]), AbbottIMI, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 1 contract
Samples: Galectin 3 License and Distribution Agreement (BG Medicine, Inc.)