Earned Royalty Report Sample Clauses
Earned Royalty Report. ROCHE shall, within ninety (90) days after the last day of each Calendar Quarter commencing on or [***], deliver to CHIRON a true and accurate report for the prior Calendar Quarter, substantially in the form attached as Exhibit E to this Agreement, which shall state the amount of monies due hereunder if any, as Earned Royalties, and shall include all information reasonably necessary to calculate such amount, including, but not limited to, the following information, presented for the Region by Product and Field Category (as defined in Paragraph 1 of Exhibit A):
(a) the number of Units and the applicable Earned Royalty Amounts, together with any "true-up" adjustments to (i) Units from prior Calendar Quarters (e.g., late reporting End Users) or (ii) the estimate of Earned Royalties paid pursuant to Section 4.3; and
(b) a statement of the basis for any deviation from the Earned Royalty rates and Earned Royalty Amounts as expressed in Paragraphs 1 and 2 of Exhibit A. Upon written request by CHIRON, ROCHE will annotate and redeliver to CHIRON any Earned Royalty Report four (4) or more Calendar Quarters old to include Units and Earned Royalty Amount on a country-by-country basis with respect to each country located in the Region.
Earned Royalty Report. Licensee shall, within [***] days after the first day of January, April, July, and October of each year, deliver to Licensor a true and accurate royalty report in the form of Schedule C attached herein for Net in the Territory. Such reports shall give such particulars of the business conducted by Licensee and its Affiliates during the preceding three (3) calendar months as are pertinent to an accounting for royalty under this Agreement and shall include at least the following:
(a) Itemized quantities Licensed Products that are sold by Licensee and its Affiliates during those three (3) months;
(b) Net Sales of each Licensed Product;
(c) The calculation of royalties; The royalties due, and if no royalties are due, it shall be so reported; and simultaneously with the delivery of each royalty report, Licensee shall pay to Licensor the royalty due under this Agreement for the period covered by such report.
Earned Royalty Report. For this purpose, Licensee shall use the approved report form attached hereto as Exhibit D and incorporated by reference herein ("Earned Royalty Report"). Such report shall be furnished to Licensor whether or not any of the Licensed Products have been sold during the preceding month. Licensee shall tender both hard copy and Excel spreadsheet formats of the Earned Royalty Report to Licensor. The number of Licensed Products sold or distributed and Earned Royalty will be furnished separately for each brand listed in Exhibit A in Excel spreadsheet format to the Licensor and sent to the addresses set forth in Section 21. The receipt or acceptance by Licensor of any of the reports furnished by Licensee pursuant to this Agreement or of any royalties paid by Licensee hereunder (or the cashing of any royalty checks paid by Licensee hereunder) shall not preclude Licensor from questioning the accuracy thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such reports or payments, any inconsistency, mistake, or inaccuracy shall immediately be rectified, and any appropriate payment due and owing shall immediately be paid by Licensee to Licensor.