Common use of Invoicing Payment Clause in Contracts

Invoicing Payment. All Licensed Products manufactured under this Agreement shall be invoiced by MPL to Distributor (i) during the Commencement Period, upon shipment to a customer pursuant to Section 3.08(a), and (ii) after the Commencement Period, upon shipment thereof to Distributor. Distributor shall be responsible for all freight and insurance, and all sales, use, excise and other taxes and duties imposed by any Governmental Authority (including, without limitation, any taxes imposed with respect to the Licensed Products (other than income taxes), the actual amount thereof shall be included in the applicable invoice, as set forth above and paid by Distributor) that are applicable to the purchase or shipment of the Licensed Products. In the event MPL initially pays any such freight, insurance, taxes, or duties applicable to the purchase or shipment of such Licensed Products (all of which are to be borne by Distributor pursuant to this Agreement), such amounts paid by MPL shall be invoiced by MPL to Distributor and shall be paid by Distributor in accordance with Section 5.07(b). Payments for all amounts invoiced by MPL shall be due and payable to MPL on or before the thirtieth (30th) day after the date of such invoice, in accordance with Section 7.01. In the event that any such payment is not received by MPL on or before the thirtieth (30th) day following the date of the related invoice, the unpaid portion of such payment shall accrue interest at the rate specified for late payments in Section 7.04(d) until such unpaid portion is paid to MPL in full, and Distributor shall be responsible for reasonable attorneys' fees and expenses incurred by MPL in connection with the collection thereof; provided, however, that in the event that payment is not received with respect to two or more consecutive invoices, MPL shall have the right to require payment in advance for all future orders of Licensed Products beginning with the month immediately following the date of the second (2nd) of such consecutive invoices.

Invoicing Payment. a) In its invoices, LICENSOR shall designate the payer as follows: New Rise Renewables Reno, LLC b) LICENSOR shall transmit the invoices to the following address: New Rise Renewables, 10000 Xxxxxx Xxxx, Xxxx NV 89521 LICENSOR will invoice: i) Amounts incurred for the services performed at the Daily Rate set forth in Schedule 5: on a monthly basis; ii) Any travel and living expenses incurred to LICENSOR for the performance of the services of its personnel under this Agreement: as soon as incurred, together with supporting receipts and documents (if applicable). c) All Licensed Products manufactured sums payable under this Agreement shall be invoiced paid in US Dollars by MPL to Distributor bank transfer within thirty (i30) during the Commencement Period, upon shipment to a customer pursuant to Section 3.08(a), and (ii) after the Commencement Period, upon shipment thereof to Distributor. Distributor shall be responsible for all freight and insurance, and all sales, use, excise and other taxes and duties imposed by any Governmental Authority (including, without limitation, any taxes imposed with respect days from invoice date to the Licensed Products (other than income taxes), bank account specified on the actual amount thereof invoice. d) Any banking fees or charges that occur outside LICENSOR’s State or country shall be included in the applicable invoice, as set forth above and paid by Distributor) that are applicable to the purchase or shipment of the Licensed Products. In the event MPL initially pays any such freight, insurance, taxes, or duties applicable to the purchase or shipment of such Licensed Products (all of which are to be borne by Distributor pursuant LICENSEE. e) Any sum received by LICENSOR under this Agreement shall be definitively acquired by LICENSOR. f) The PARTIES agrees not to this Agreement)offset any sum owed to the other PARTY against any sum that such PARTY could owe on any ground whatsoever. g) An Interest shall be due on all late payments. i) The rate shall be 1.25 times the prime rate of interest quoted by the Chase Manhattan Bank NA, New York, on the date payment is due or, if such amounts paid by MPL rate is in excess of the legal rate of interest, at the highest rate legally permissible. ii) The interest shall be computed on a monthly basis from the date the payment was due until the date it is made. iii) Such possible interests on overdue payments shall be invoiced by MPL to Distributor and shall be paid by Distributor in accordance with Section 5.07(b). Payments for all amounts invoiced by MPL shall be due and payable to MPL on or before the thirtieth (30th) day after the date of such invoice, in accordance with Section 7.01. In the event that any such LICENSOR following LICENSEE’s payment is not received by MPL on or before the thirtieth (30th) day following the date of the related invoice, the unpaid portion principal and LICENSOR is hereby excused from giving any prior specific notice. iv) No provision herein can be deemed as being a waiver of such any of LICENSOR’s possible rights to enforce any payment shall accrue interest at the rate specified for late payments in Section 7.04(d) until such unpaid portion is paid to MPL in full, and Distributor shall be responsible for reasonable attorneys' fees and expenses incurred by MPL in connection with the collection thereof; provided, however, that in the event that payment is not received with respect to two or more consecutive invoices, MPL shall have the right to require payment in advance for all future orders of Licensed Products beginning with the month immediately following the date of the second (2nd) of such consecutive invoiceswhen payable.

Invoicing Payment. All Licensed Products manufactured (a) The Supply Price (as set forth in Section 5.6(b)) for all Product supplied and distributed under this Agreement shall will be invoiced by MPL GSK or its Affiliate to Distributor (i) during the Commencement Period, Myogen upon shipment to a customer the Customer. Any such invoice will also include amounts for insurance obtained by GSK pursuant to Section 3.08(a5.3(h), and (ii) after the Commencement Period, upon shipment thereof to Distributor. Distributor shall be responsible for all freight and insurance, and all sales, use, excise and other taxes and duties imposed by any Governmental Authority (including, without limitation, any taxes imposed with respect to the Licensed Products Product (other than income taxes)) incurred with respect to Product shipped, for which Myogen will be responsible. (b) Notwithstanding anything contained in Section 5.5 to the actual amount thereof shall be included contrary, Myogen acknowledges and agrees that the Supply Price for which GSK will invoice Myogen in the applicable invoice, any Contract Year as set forth above in Section 5.6(a), will be equal to [..**..] of Adjusted Gross Sales for such Contract Year and paid by DistributorMyogen will pay such amount as set forth in Section 5.6(c); however, within twenty (20) that are Business Days after each month during the Term, GSK will calculate the actual Supply Price applicable to the purchase or shipment of the Licensed Products. In the event MPL initially pays any Product shipped during such freightmonth, insurance, taxes, or duties applicable to the purchase or shipment of such Licensed Products (all of which are to be borne by Distributor pursuant to this Agreement), such amounts paid by MPL shall be invoiced by MPL to Distributor and shall be paid by Distributor calculated in accordance with Section 5.07(b5.5, and reimburse to Myogen the difference, if any, between the Supply Price invoiced for such month and the actual Supply Price calculated in accordance with Section 5.5. Notwithstanding anything contained in this Section 5.6(b). , if Myogen fails to pay any uncontested invoiced amount as provided in Section 5.6(c), then in addition to any other remedies available to GSK under this Agreement, GSK may withhold any amounts to be reimbursed to Myogen pursuant to this Section 5.6(b) until all past due invoiced amounts are fully-paid up by Myogen. (c) Payments for all uncontested amounts invoiced by MPL shall GSK or its Affiliate as provided in this Section 5.6 will be due and payable to MPL GSK or its Affiliate on or before the thirtieth sixtieth (30th60th) day after the date of such invoice, in accordance with Section 7.017.1. In the event that any such payment is not received by MPL GSK or its Affiliate on or before the thirtieth sixtieth (30th60th) day following the date of the related invoice, the unpaid portion of such payment shall will accrue interest at the rate specified for late payments in Section 7.04(d) 7.2 until such unpaid portion is paid to MPL GSK or [..**..] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. its Affiliate in full, and Distributor shall Myogen will be responsible for reasonable attorneys' fees and expenses incurred by MPL GSK or its Affiliate in connection with the collection thereof; provided. (d) If Myogen, howeverduring the Term, that in the experiences any event that payment adversely impacts its financial condition such that its ability to promote and distribute the Product is not received reasonably likely to be impaired, then Myogen will provide GSK with respect written notice of such financial condition within one (1) Business Day of its occurrence. (e) If GSK elects to two execute only the New Accredo Agreement or more consecutive invoicesthe New TheraCom Agreement, MPL shall have then for the right to require payment in advance for all future orders of Licensed Products beginning with the month immediately following the date remaining term of the second Current TheraCom Agreement or Current Accredo Agreement, as the case may be, where the SP Discount to the specialty pharmacy distributor under such surviving agreement is greater than the SP Discount to the specialty pharmacy distributor under the new specialty pharmacy distributor agreement, then GSK will rebate to Myogen on a quarterly basis, no later than thirty (2nd30) calendar days after the end of each applicable Calendar Quarter, an amount equal to the Adjusted Gross Sales for quantities of Product sold in such consecutive invoices.Calendar Quarter to the specialty pharmacy distributor having the greater SP Discount under the surviving agreement multiplied by [..**..] of the difference between the greater SP Discount under the surviving agreement and the lower SP Discount under the New Accredo Agreement or the New TheraCom Agreement, as the case may be. Example:

Invoicing Payment. All Licensed Products manufactured 1. The Company shall submit to the Participant an invoice in electronic format by email to , whereby the Company shall determine the time, frequency, and format of the invoice, acting reasonably. The invoicing details and information are as submitted, whereby the Company reserves the right not to make changes to invoices following their issuance and submission. For the avoidance of doubt, an invoice shall contain as a minimum: (a) the address, contact details of the Participant, (b) the logo of the Company, (c) the details for payment fulfilment, (d) relevant tax information and, if applicable, local tax information, (e) information on the billing event (e.g., redemption, annual account fee, KYC support fees, invoice portal support, etc.), (f) the units retained (e.g., redeemed volumes or hours of support), (g) the price per unit, (h) the currency, (i) the total price per billing event, (j) the total pre-tax amount, and (k) the total post-tax amount. 2. Payment of an invoice issued by the Company is deemed as fulfilled when funds are cleared for value into the nominated bank account stated on the invoice. 3. Full payment must occur within thirty (30) calendar days of the date of issue of the relevant invoice. Where payment is not made within forty-five (45) calendar days, the Company shall be entitled to suspend access to the Evident I-REC(E) Registry for any Account which is assigned to the Participant. The suspension will only be lifted upon clearance of the due payment in full. The Participant shall not be entitled to any compensation under this Agreement shall be invoiced by MPL to Distributor (i) during the Commencement Period, upon shipment to a customer pursuant to Section 3.08(a), and (ii) after the Commencement Period, upon shipment thereof to Distributor. Distributor shall be responsible for all freight and insurance, and all sales, use, excise and other taxes and duties imposed by any Governmental Authority (including, without limitation, any taxes imposed with respect to the Licensed Products (other than income taxes), the actual amount thereof shall be included in the applicable invoice, as set forth above and paid by Distributor) that are applicable to the purchase or shipment of the Licensed Products. In the event MPL initially pays any such freight, insurance, taxes, or duties applicable to the purchase or shipment otherwise arising out of such Licensed Products (all suspension. 4. If the Participant fails to pay any sum of money which are to be borne by Distributor is due and payable pursuant to this Agreement), an interest will be added, to the amount not properly paid, at a rate of four percent (4%) above the Sterling Overnight Index Average (“XXXXX”) for the period, until payment in full is made, as well as a standard charge of (100.00) EUR per overdue invoice. 5. The Participant shall remain responsible for payment of all invoiced fees regardless of whether suspension has been applied until such amounts paid by MPL time as full payment has been cleared. 6. If the Participant disputes any amount invoiced, it shall notify the Company of the nature of the dispute within ten (10) business days of receipt of the invoice giving all relevant details. Pending the resolution of the dispute, the Participant shall be invoiced by MPL entitled to Distributor and withhold payment of the invoice. All disputes relating to invoices shall be paid by Distributor resolved in accordance with Section 5.07(b). Payments for all amounts invoiced by MPL shall be due and payable to MPL on or before the thirtieth (30th) day after the date of such invoice, in accordance with Section 7.01. In the event that any such payment is not received by MPL on or before the thirtieth (30th) day following the date of the related invoice, the unpaid portion of such payment shall accrue interest at the rate specified for late payments in Section 7.04(d) until such unpaid portion is paid to MPL in full, and Distributor shall be responsible for reasonable attorneys' fees and expenses incurred by MPL in connection with the collection thereof; provided, however, that in the event that payment is not received with respect to two or more consecutive invoices, MPL shall have the right to require payment in advance for all future orders of Licensed Products beginning with the month immediately following the date of the second (2nd) of such consecutive invoicesclause 20.

Invoicing Payment. All Licensed Products manufactured under (a) Along with each delivery of Conforming Wafers, Pre-Qual Engineering Wafers or Non-Conforming Wafers to the Purchaser, Inotera shall invoice the Purchaser for the aggregate Preliminary Price of the Conforming Wafers, Pre-Qual Engineering Wafers and Non-Conforming Wafers contained in such delivery (a “Pro Forma Invoice”). (b) Within [***] Business Days (or such other number of days as may be agreed in writing by the Parties) after the end of each Delivery Month, Inotera shall issue to the Purchaser a final invoice (a “Final Invoice”), which shall include a debit equal to the Price True-Up Amount for such Delivery Month, if positive, and a credit equal to the Price True-Up Amount for such Delivery Month, if negative. (c) Except as otherwise specified in this Agreement shall be invoiced by MPL to Distributor Agreement, (i) during the Commencement PeriodPurchaser shall pay Inotera for the amounts due and owing by, upon shipment and duly invoiced in a Pro Forma Invoice to, the Purchaser within [***] days following delivery to a customer pursuant to Section 3.08(a)the Purchaser of the Final Invoice for the Delivery Month in which such Pro Forma Invoice was delivered or, if longer, within [***] days following the end of such Delivery Month and (ii) after the Commencement Period, upon shipment thereof to Distributor. Distributor Purchaser shall be responsible pay the Inotera for all freight the amount due and insuranceowing by, and all salesduly invoiced in a Final Invoice to, use, excise and other taxes and duties imposed by any Governmental Authority (including, without limitation, any taxes imposed with respect the Purchaser within [***] days following the delivery to the Licensed Products (other than income taxes)Purchaser of such Final Invoice or, if later, within [***] days following the actual amount thereof shall be included in the applicable invoice, as set forth above and paid by Distributor) that are applicable to the purchase or shipment end of the Licensed ProductsDelivery Month covered thereby. In the event MPL initially pays any such freightAll amounts owed under this Agreement are stated, insurance, taxes, or duties applicable to the purchase or shipment of such Licensed Products (all of which are to be borne by Distributor pursuant to this Agreement), such amounts paid by MPL shall be invoiced by MPL to Distributor calculated and shall be paid by Distributor in accordance with Section 5.07(b). Payments United States Dollars. (d) If the Purchaser does not pay Inotera for all the amounts due under this Agreement, interest on the unpaid invoiced by MPL amounts will be calculated and imposed at the rate of [***] percent ([***]%) per annum, on a daily basis, from the due date until the payment is made, provided that, if the due date falls on a day that is not a Business Day, the payment shall be due by the next succeeding Business Day. However, if the Purchaser and payable to MPL Inotera do not agree on the payment amount of any Pro Forma Invoice or before Final Invoice, interest on the thirtieth disputed amount will not be imposed and accrued under this Agreement. (30the) day after the date of such invoice, in accordance with Section 7.01. In the event that the Purchaser reasonably disputes any Pro Forma Invoice or Final Invoice provided hereunder, the Purchaser and Inotera will each appoint an officer who will use their best efforts to resolve such payment is not received by MPL on or before the thirtieth (30th) day dispute within [***] days following the date such dispute is raised by the Purchaser. If such officers are unable to resolve the dispute in the given [***] days, then the dispute shall be submitted to the respective presidents of the related invoicePurchaser and Inotera for resolution. (f) If this Agreement has terminated or is terminating so that the Purchaser will not be able to use any credits issued by Inotera to the Purchaser, Inotera will promptly pay to the unpaid portion of Purchaser an amount equal to such payment shall accrue interest at the rate specified for late payments in Section 7.04(d) until such unpaid portion is paid to MPL in full, and Distributor shall be responsible for reasonable attorneys' fees and expenses incurred by MPL in connection with the collection thereof; provided, however, that in the event that payment is not received with respect to two or more consecutive invoices, MPL shall have the right to require payment in advance for all future orders of Licensed Products beginning with the month immediately following the date of the second (2nd) of such consecutive invoicescredits.

Invoicing Payment. Supplier shall submit an invoice to HUMACYTE upon shipment of Products ordered by HUMACYTE or upon production of Safety Stock, hereunder. All Licensed Products manufactured under this Agreement invoices shall be invoiced by MPL sent to Distributor (i) during the Commencement Period, upon shipment to a customer pursuant to Section 3.08(a)address specified in the Purchase Order, and (ii) after each invoice shall state the Commencement Periodaggregate and unit Price for Products in a given shipment or Safety Stock production run, upon shipment thereof to Distributor. Distributor shall be responsible for all freight and plus any insurance, and all salestaxes, use, excise and other taxes and duties imposed by any Governmental Authority (including, without limitation, any taxes imposed with respect to the Licensed Products (other than income taxes), the actual amount thereof shall be included in the applicable invoice, as set forth above and paid by Distributor) that are applicable costs incident to the purchase or shipment initially paid by Supplier but for which HUMACYTE expressly agrees to be responsible hereunder. All payments shall be made in U.S. dollars by direct bank transfer to an account designated on Supplier’s invoice or by check payable to Supplier. Payment terms shall be [***] from the later of (i) HUMACYTE’s receipt of the Licensed Productsapplicable invoice or (ii) HUMACYTE’s receipt of the Products or production of the Safety Stock; provided that if HUMACYTE rejects any Products pursuant to Section 3.3, then payment shall be due within [***] after receipt by HUMACYTE of a notice from the Laboratory that such Product conforms to the Product Warranties or receipt by HUMACYTE of replacement Product, as the case may be; provided, further, that if HUMACYTE disputes any portion of an invoice, it shall pay the undisputed portion and shall provide Supplier with written notice of the disputed portion and its reasons therefor, and HUMACYTE shall not be obligated to pay such disputed portion unless and until such dispute is resolved in favor of Supplier. The Parties shall use good faith efforts to resolve any such disputes promptly. In the event MPL initially pays of any such freight, insurance, taxes, or duties applicable to the purchase or shipment of such Licensed Products (all of which are to be borne by Distributor pursuant to inconsistency between an invoice and this Agreement), such amounts paid by MPL shall be invoiced by MPL to Distributor and shall be paid by Distributor in accordance with Section 5.07(b). Payments for all amounts invoiced by MPL shall be due and payable to MPL on or before the thirtieth (30th) day after the date of such invoice, in accordance with Section 7.01. In the event that any such payment is not received by MPL on or before the thirtieth (30th) day following the date of the related invoice, the unpaid portion terms of such payment this Agreement shall accrue interest at the rate specified for late payments in Section 7.04(d) until such unpaid portion is paid to MPL in full, and Distributor shall be responsible for reasonable attorneys' fees and expenses incurred by MPL in connection with the collection thereof; provided, however, that in the event that payment is not received with respect to two or more consecutive invoices, MPL shall have the right to require payment in advance for all future orders of Licensed Products beginning with the month immediately following the date of the second (2nd) of such consecutive invoicescontrol.