Fees, Royalties, Records and Reports Sample Clauses

Fees, Royalties, Records and Reports. For licenses and rights granted under Article 2, Licensee shall pay to Licensor:
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Fees, Royalties, Records and Reports. 3.1 For the licenses and rights granted under Article 2, Thermal Cycler Supplier shall pay to PE CORP: (a) license issue fee of US$[**]; (b) for each Smart Cycler(R) System or Smart Cycler(R) XC System thermal cycler as described in Exhibit 1 (including all modules and components), or any thermal cycler or temperature cycling instrument containing one or more I-CORE(TM) modules (as defined in Exhibit 1) having a maximum capacity, if fully expanded, of more than [**] individual samples, delivered or invoiced by Thermal Cycler Supplier or an Affiliate after the effective date of this Agreement, US$[**] plus [**] percent ([**]%) of the Net Sales Price, and for each add-on module, [**] percent ([**]%) of the Net Sales Price; (c) for each GeneXpert(TM) Prototype temperature cycling instrument as described in Exhibit 1 (including all modules and components), or any thermal cycler or temperature cycling instrument containing one I-CORE(TM) module (as defined in Exhibit 1) having a non-expandable capacity of no more than [**] individual sample, delivered or invoiced by Thermal Cycler Supplier or an Affiliate after the effective date of this Agreement, US$[**] plus [**] percent ([**]%) of the Net Sales Price; and (d) for each thermal cycler or temperature cycling instrument containing one or more I-CORE(TM) modules (as defined in Exhibit 1) having a maximum capacity, if fully expanded, of at least [**] but no more than [**] individual samples, delivered or invoiced by Thermal Cycler Supplier or an Affiliate after the effective date of this Agreement, US$[**] plus [**]
Sample 1
Fees, Royalties, Records and Reports. 3.1 In consideration of the licenses and rights granted under Article 2, Licensee shall pay to Applera: a) a non-refundable license issuance fee of eleven million five hundred thousand dollars (US$ 11,500,000), not creditable against royalties, with said license issuance fee to be paid according to the following schedule: [***] upon execution of this Agreement, with subsequent payments of [***] due on the first business day of each calendar quarter thereafter, beginning with the next immediate quarter, until the remaining balance of [***] is paid. For the avoidance of doubt, the calendar quarters begin on the first day of the following months: January, April, July and October; b) for each Cepheid GeneXpert® Module (as “GeneXpert® Module” is defined in the Collaboration Agreement) that is a Licensed Real-Time Thermal Cycler and that is delivered or invoiced after the issuance of a United States patent that claims priority of United States patent application Serial No. 08/968,208to Xxxxxxxx Grumman or any other third party for delivery to and use solely by the United States Postal Service (“USPS”) with Cartridges (as the term “Cartridges” is defined in the Collaboration Agreement) supplied to Cepheid pursuant to the Distribution Agreement dated March 28, 2003 between Applera and Cepheid as part of a Bio-Threat Agent Detection System (as the term “Bio-Threat Agent Detection System” is defined in the Collaboration Agreement) pursuant to the prime contract existing as of the date of this Agreement between Xxxxxxxx Grumman and the USPS for the supply of Bio-Threat Agent Detection Systems with respect to which Cepheid is a subcontractor, including any modules or components of any such GeneXpert Module, including without limitation software, [***] of Net Sales Price for each such Licensed Real-Time Thermal Cycler; and for all other Licensed Real-Time Thermal Cyclers: (i) [***] of Net Sales Price for each Licensed Real-Time Thermal Cycler distributed prior to the issuance of any of Applera’s patents that claim priority of U.S. application Serial No. 08/968,208 and that cover such Licensed Real-Time Thermal Cycler; and (ii) following the issuance of any such patents, [***] of Net Sales Price; c) unless exempted from royalty under Section 3.1(d), for each component or module (including, without limitation, computer hardware and software) of a Cepheid GeneXpert® Module (as “GeneXpert® Module” is defined in the Collaboration Agreement) that is a Licensed Real-Time Ther...
Sample 1
Fees, Royalties, Records and Reports. 3.1 For the authorization rights granted under Article 2, Thermal Cycler Supplier shall pay to Perkin-Elmer: a license issue fee of $*** plus, for each thermal cycxxx xx xxxxxrature cycling instrument delivered of invoiced by the Thermal Cycler Supplier after the Effective Date of this Agreement, a royalty payment as follows, (a) for calendar year 1995: $*** for a capacity of up to *** samples plus $*** for each additional *** samples or part thereof: Payment($) = *** + *** x (maximum sample capacity - ***)/***, where the calculated fraction, (maximum sample capacity - ***)/***, is rounded to the next higher whole number; and, *** 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. (b) from January 1, 1996: $*** for a capacity of up to *** samples plus $*** for each additional *** samples or part thereof; Payment($) = *** + *** x (maximum sample capacity - ***)/***, where the calculated fraction, (maximum sample capacity - ***)/***, is rounded to the next higher whole number. The license issue fee shall be due and owing and shall be paid on execution of this Agreement. The per-thermal cycler fees shall be paid as specified in Sections 3.4 and 3.5. Each instrument for which that fee is paid shall be an Authorized Thermal Cycler and shall be so designated pursuant to Article 5 hereof. 3.2 All amounts payable hereunder shall be payable in United States dollars. 3.3 Thermal Cycler Supplier shall keep full true and accurate books of account containing all particulars necessary to show the amount payable to Perkin-Elmer under this Agreement. Such books and the supporting datx xxxxx xx xpen at all reasonable times, for three (3) years following the end of the calendar year to which they pertain (and access shall not be denied thereafter, if reasonably available), to the inspection of an independent inspector retained by Perkin-Elmer. If in dispute, such records shall be kept until the dixxxxx xx xxxtled. Inspection shall be at Perkin-Elmer's expense, unless the inspector concludes that the amount payable that is stated in a report is understated by five percent (5%) or more, in which case expenses shall be paid by Thermal Cycler Supplier. 3.4 Thermal Cycler Supplier shall within thirty (30) days after the first of each January, April, July and October deliver to Perkin-Elmer a true and accurate accounting report. This report shalx xxxx xxxx part...
Sample 1Sample 2
Fees, Royalties, Records and Reports. 3.1 Licensee shall make the following payments to AB in consideration of the licenses granted under Article 2 of this Agreement:
Sample 1Sample 2
Fees, Royalties, Records and Reports. 3.1 For licenses and rights granted under Article 2, Licensee shall pay to ABI: (a) [**] [**]
Sample 1
Fees, Royalties, Records and Reports. 3.1 For the authorization rights granted under Article 2, Thermal Cycler Supplier shall pay to Perkxx-Xxxxx: x license issue fee of $*** plus, for each thermal cycler or temperature cycling instrument delivered of invoiced by the Thermal Cycler Supplier after the Effective Date of this Agreement, a royalty payment as follows, (a) for calendar year 1995: $*** for a capacity of up to *** samples plus $*** for each additional *** samples or part thereof: Payment($) = *** + *** x (maximum sample capacity - ***)/***, where the calculated fraction, (maximum sample capacity - ***)/***, is rounded to the next higher whole number; and, *** PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT -4- 6 (b) from January 1, 1996: $*** for a capacity of up to *** samples plus $*** for each additional *** samples or part thereof; Payment($) = *** + *** x (maximum sample capacity - ***)/***, where the calculated fraction, (maximum sample capacity - ***)/***, is rounded to the next higher whole number.
Sample 1
AutoNDA by SimpleDocs
Fees, Royalties, Records and Reports. 3.1 In consideration of the licenses in the United States granted pursuant to Article 2 herein to MJ Research and to Bio-Rad under the Algorithm Patent Rights, the Amplification System Patents, the Automated Method Patent Rights, Progeny Patent Rights, and the Pressing Heated Cover Patent Rights, Licensee shall pay to ABI For the avoidance of doubt, the Incremental Fee is in addition to (and is not in lieu of, nor creditable against,) any other payments or royalties due pursuant to Article 3 of this Agreement. Subject to Licensee’s compliance with all of the terms and conditions of this Agreement, ABI agrees to forebear enforcement of the permanent injunction entered in the District Court enjoining enforcement against MJ Research and Bio-Rad of the Instrument-Patents-in-Suit and the injunctive relief provision set forth in paragraph 15 of the Consent Judgment.
Sample 1
Fees, Royalties, Records and Reports 
Sample 1Sample 2Sample 3See All (6)

Related to Fees, Royalties, Records and Reports

  • Books Records and Reports The Contractor shall establish and maintain accounts and other books and records 7 pertaining to administration of the terms and conditions of this Settlement Contract, including: 8 the Contractor's financial transactions, water supply data, and Project land and right-of-way 9 agreements; the water users' land-use (crop census), land ownership, land-leasing and water use 10 data; and other matters that the Contracting Officer may require. Reports thereon shall be 11 furnished to the Contracting Officer in such form and on such date or dates as the Contracting 12 Officer may require. Subject to applicable Federal laws and regulations, each party to this 13 Settlement Contract shall have the right during office hours to examine and make copies of each 14 other’s books and official records relating to matters covered by this Settlement Contract.

  • Records and Reports The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

  • Royalty Payments and Reports Payments for Coal mined and sold hereunder shall be made on a timely basis, when due and without demand by COLT, on or before the twentieth (20th) day of each month (“Payment Deadline”) for all Coal mined or produced from the Premises, shipped and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckley, WV 25801 If by wire transfer, payment shall be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended from time to time by COLT upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT from which such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all of the aforementioned items shall be made available to COLT by Lessee, at all times upon COLT’s request, for any month during the term of this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLT.

  • Inspection of Records and Reports Every Trustee shall have the right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the Trust. This inspection by a Trustee may be made in person or by an agent or attorney and the right of inspection includes the right to copy and make extracts of documents. No Shareholder shall have any right to inspect any account, book or document of the Trust that is not publicly available, except as conferred by the Trustees. The books and records of the Trust may be kept at such place or places as the Board of Trustees may from time to time determine, except as otherwise required by law.

  • ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

  • Records, Audits and Reports The Company shall maintain at its principal office the Company’s records and accounts of all operations and expenditures of the Company including the following: 9.1 A current list in alphabetical order of the full name and last known business or resident address of the Member, together with the Capital Contribution and the share in profits and losses of the Member; 9.2 A copy of the Certificate of Formation and all amendments thereto, together with any powers of attorney pursuant to which the Certificate of Formation or any amendments thereto were executed; 9.3 Copies of the Company’s Federal, state, and local income tax or information returns and reports, if any, for the six most recent taxable years; 9.4 Copies of this Agreement and any amendments thereto together with any powers of attorney pursuant to which any written accounting or any amendments thereto were executed; 9.5 Copies of any financial statements of the Company, if any, for the six most recent years; and 9.6 The Company’s books and records as they relate to the internal affairs of the Company for at least the current and past four fiscal years.

  • Records and Reports of Inventory Each Borrower shall keep accurate and complete records of its Inventory, including costs and daily withdrawals and additions, and shall submit to Agent inventory and reconciliation reports in form satisfactory to Agent, on such periodic basis as Agent may request. Each Borrower shall conduct a physical inventory at least once per calendar year (and on a more frequent basis if requested by Agent when an Event of Default exists) and periodic cycle counts consistent with historical practices, and shall provide to Agent a report based on each such inventory and count promptly upon completion thereof, together with such supporting information as Agent may request. Agent may participate in and observe each physical count.

  • Accounting Records and Reports The Trustee will keep or cause to be kept proper books of record and accounts in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocation and application of the Revenues, and such books shall be available for inspection by the Authority at reasonable hours and under reasonable conditions. The Trustee shall provide to the Authority monthly statements covering the funds and accounts held pursuant to the Trust Agreement. Not more than one hundred eighty (180) days after the close of each Fiscal Year, the Trustee shall furnish or cause to be furnished to the Authority a complete financial statement (which may be in the form of the Trustee’s customary account statements) covering receipts, disbursements, allocation and application of Revenues for such Fiscal Year. The Authority shall keep or cause to be kept such information as is required under the Tax Certificate.

  • Books Records Accounting and Reports Section 8.1 Records and Accounting 60 Section 8.2 Fiscal Year 60 Section 8.3 Reports 60

  • Inspections and Reports 2.1 The department may inspect, in the manner and at reasonable times it considers appropriate, all the contractor's facilities and activities under this contract. 2.2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!