Common use of Over-or Underpayment Clause in Contracts

Over-or Underpayment. If the audit reveals an overpayment, such overpayment shall be credited against future payments owed by Roche for the amount of the overpayment or, if no further payments are owed by Roche, then FMI shall reimburse Roche for the amount of the overpayment within […***…]. If the audit reveals an underpayment, Roche shall make up such underpayment with the next payment or, if no further payments are owed by Roche, Roche shall reimburse FMI for the amount of the underpayment within […***…]. The audited Party shall pay for the audit costs if the underpayment/over receipt of the audited Party exceeds […***…] of the aggregate amount of payments owed with regard to the statements subject of the audit. Section 9.2 shall apply to this Section 11.3.

Appears in 5 contracts

Samples: Commercialization Agreement (Foundation Medicine, Inc.), Commercialization Agreement (Foundation Medicine, Inc.), Commercialization Agreement (Foundation Medicine, Inc.)

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