Common use of Over-or Underpayment Clause in Contracts

Over-or Underpayment. If the audit reveals an overpayment, the auditing Party shall reimburse the audited Party for the amount of the overpayment within [*]. If the audit reveals an underpayment, the audited Party shall make up such underpayment with the next royalty payment or Profit and Loss balancing payment or, if no further payments are owed by the audited Party, the audited Party shall reimburse the auditing Party for the amount of the underpayment within [*]. The audited Party shall pay for the audit costs if the underpayment of the audited Party exceeds [*] of the aggregate amount of payments owed with regard to the statements subject to the audit. Interest due pursuant to Section 9.10 shall apply to this Section 10.2(c).

Over-or Underpayment. If the audit reveals an overpaymentoverpayment to the auditing Party, the auditing Party shall reimburse the audited other Party for the amount of the overpayment within [**]. If the audit reveals an underpaymentunderpayment to the auditing Party, the audited Party shall make up such underpayment with the next royalty payment or Profit and Loss balancing payment or, if no further payments are owed by royalty payment is or will be due within the audited Party[**] after completion of such audit, the audited Party shall reimburse the auditing Party for the amount of the underpayment within [**]. The audited Party shall pay for the audit costs if the its underpayment of the audited Party royalty or milestone exceeds [**] percent ([**]%) of the aggregate amount of payments amounts owed with regard to the statements subject to of the audit. Interest due pursuant to Section 9.10 6.3(e) shall apply to this Section 10.2(c)6.4(e) if the audited Party had overstated the amount to be paid to the audited Party or understated the amount to be paid to the auditing Party.

Over-or Underpayment. If the audit reveals an overpayment, the auditing overpaid Party shall reimburse the audited other Party for the amount of the overpayment within [* * *]] (and, if such overpayment was made due to an error in an invoice or report provided by such overpaid Party, with interest thereon as provided in Section 11.2). If the audit reveals an underpayment, the audited underpaying Party shall make up such reimburse the other Party for the amount of the underpayment with the next royalty payment or Profit and Loss balancing payment orwithin [* * *] (and, if no further payments such additional amounts are owed due to an error in an invoice or report provided by the audited such underpaying Party, the with interest thereon as provided in Section 11.2). The audited Party shall reimburse the auditing Party for the amount of the underpayment within [*]. The audited Party shall pay for the audit costs if the underpayment cumulative discrepancy of amounts reported or paid during the applicable audited Party period exceeds [* * *] of the aggregate amount of payments owed with regard to the statements subject to the audit. Interest due pursuant to Section 9.10 shall apply to this Section 10.2(c)].