Payment and Records Sample Clauses

Payment and Records. 3.1 Nanogen shall pay to Becton a royalty of *** of Net Sales. 3.2 Nanogen shall submit to Becton within sixty (60) days after March 31, June 30, September 30 and December 31 of each calendar year during the term of this Agreement, and upon the expiration or effective termination of this Agreement, reports for the preceding three month period identifying the Net Sales, and *** CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION. -3- 118 the amount of royalty due to Becton together with payment of such royalty amount. If no royalties are due to Becton for any reporting period, the written report shall so state. All royalties due hereunder shall be payable in United States Dollars; provided, however, that if any payment on account of Net Sales is received by Nanogen in any currency other than United States Dollars, such amount shall be converted to United States Dollars at the exchange rate published in the Wall Street Journal on the date of remittance of such payment to Becton. 3.3 Nanogen shall maintain complete and accurate books of account and records showing all sales of Licensed Products and all NO Sales attributable to such sales. For purposes of verifying the accuracy of the royalties paid by Nanogen pursuant to this Agreement, such books and records shall be open to inspection, during usual business hours, by an independent certified public accountant acceptable to Nanogen. In the event that any such inspection shows any underreporting and underpayment by Nanogen in excess of ten percent ( 10%) for any fiscal year, then Nanogen shall pay the cost of such examination, the amount of any underpaid royalty. Such books and records shall be maintained for at least three full years after each accounting period has ended.

Payment and Records. Ask Jeeves and Customer agree to the payment terms set forth in Exhibit B attached hereto, and shall follow the payment procedure set forth in Exhibit B attached hereto.

Payment and Records. 1. IBM will pay Contractor for services under this Agreement in accordance with the Statement of Work and as specified on the purchase orders issued hereunder by IBM. 2. Invoices are to be sent to IBM Corporation, National Accounts Payable Services, X.X. Xxx 0000, Xxxxxxxx, XX 00000-0000. The purchase order number and the terms of payment shall be stated on the invoices. 3. The date used for calculation of terms of payment shall be the date IBM receives an acceptable invoice. 4. Contractor shall maintain complete and accurate accounting records in a form according to sound accounting practices to substantiate Contractor's charges. Such records shall include payroll records, job cards, attendance cards, and job summaries. Contractor shall retain such records for one (1) year from the date of final payment hereunder. 5. IBM shall have access to such records for purposes of audit during normal business hours during the term of this Agreement and during the respective periods in which Contractor is required to maintain such records as herein provided. 6. No overtime or premium rate will be paid without the prior approval of the IBM Purchasing Contract Administrator/Buyer.

Payment and Records. Within sixty (60) days of June 30 and December 31 of each calendar year following the first commercial sale by Licensee of an AAV Product, Licensee shall provide St. Jude with a statement setting forth for each of the AAV Products sold by Licensee, Affiliates or Sub-Licensees (without duplication) during the preceding six-month period (from January 1 to June 30 or July 1 to December 31), on a country-by-country basis the Net Sales for each AAV Product for the six month period, a listing of applicable reductions and deductions on an aggregate basis, the total royalty owed for the six month period based on Net Sales of each AAV Product in U.S. dollars, together with exchange rates used for conversion of foreign proceeds, and any credits taken based on prior payment of an annual maintenance fee according to Article 4.02 or royalty offset according to Article 4.05 in the same calendar year. If no royalties are due to St. Jude for the period, the report shall so state. Concurrent with this report, Licensee shall remit to St. Jude any payment due for the applicable six month period.

Payment and Records a. At the time of execution of this Assignment Agreement Assignee hereby pays and delivers to Assignor an amount of ****. From the Effective Date of this Assignment Agreement until the expiration of the Term, Assignee also shall pay to the Assignor running royalties of 3.0% (3.3% if Monsanto’s interest in the Monsanto Agreement shall already have been assigned to ****Text has been omitted pursuant to a confidentiality request. Omitted text has been filed with the Securities and Exchange Commission. Assignee as contemplated in Section 6.2(c) of the License Agreement) of Net Sales of each Assignee Product or Assignee Process manufactured, imported, exported, used, leased, or sold by and/or for Assignee and/or its Sublicensees. Upon the assignment by Monsanto to Assignee of Monsanto’s interests in the patent rights subject to the Monsanto Agreement as contemplated by and within the time specified in Section 6.2(c) of the License Agreement, Assignee shall pay to Assignor an amount equal to **** and the rate of running royalties payable under this Section 5.a shall be increased to 3.3% from the date of such assignment. It is understood and agreed by the parties that the payment of royalties pursuant to this Section 5.a shall be made only on the first sale of an Assignee Product or Assignee Process by Assignee, a Subsidiary or a Sublicensee, and that subsequent sales of the same Assignee Product or Assignee Process for which royalties have been accrued pursuant to this Section 5.a shall not be subject to any additional accrual of royalties (for example, and for illustration purposes only, if a royalty accrues due to a sale by Assignee of an Assignee Product to a Sublicensee or a pharmaceutical distributor, a subsequent sale by such Sublicensee or such pharmaceutical distributor shall not generate a royalty payable to Assignor). b. Assignee shall further pay to Assignor **** of all cash and the fair market value (determined in accordance with Section 6.6 of the License Agreement) of non-cash consideration received by Assignee during the Term from a Licensee as a result of a license or sublicense for each Assignee Product or Assignee Process including but not limited to licensing or option fees, marketing fees, milestone payments, bonus payments and the like, but excluding (i) payments received by Assignee for research development pursuant to research grants; (ii) royalty payments received by Assignee calculated on the basis of Net Sales of the Licensee or Sublice...

Payment and Records. [PERMITTEE] hereby agrees to pay a fee to the COUNTY in accordance with the KC MRP in the amount of [Written Amount] Dollars ($XXX,XXX) (“Mitigation Fee”). Within fifteen (15) days after the execution of this Agreement, the COUNTY will provide an invoice to [PERMITTEE] for the Mitigation Fee. Upon payment of the Mitigation Fee, the COUNTY acknowledges and agrees that [PERMITTEE] shall have no further monetary or mitigation obligations for, or related to, the Mitigation Project or the mitigation site, and all obligations for implementing and completing the Mitigation Project shall be the COUNTY’s sole responsibility. [PERMITTEE] shall have sixty (60) days from the Mitigation Fee invoice date to make full payment to the COUNTY. If the COUNTY does not receive full payment of the Mitigation Fee within sixty (60) days of the invoice date, this Agreement shall become null and void and the remaining terms herein shall be unenforceable by either Party. Within fifteen (15) days of receiving the payment of the Mitigation Fee from [PERMITTEE], the COUNTY shall provide [PERMITTEE] with a signed and dated acknowledgment which shall identify the Applicant, the Impact Project, the project impacts and the permit[s] for which required mitigation responsibility is being transferred from the Applicant to the COUNTY through the purchase of In-Lieu Fee Credits (“Statement of Sale”). A copy of the form of the Statement of Sale is attached hereto as Attachment A. The Statement of Sale is also intended to, and shall, confirm and serve as the official record of the sale of In-Lieu Fee Credits to [PERMITTEE]. This Statement of Sale shall not constitute a permit or permission to proceed with any proposed action. [PERMITTEE] is responsible for obtaining all necessary permits to construct the Impact Project.

Payment and Records. Revenue share and payment between Provider and Customer shall be as set forth in Exhibit A attached hereto.

Payment and Records. In consideration of OCA's performance hereunder, the Company shall make timely payment to OCA for all invoices submitted for products and services performed under this Agreement at the costs to which the Parties have agreed.

Payment and Records. Simultaneously with the submission of each report, USSC shall pay to IDI by check or bank transfer the full amount of the Royalty payable to IDI for the report period under the terms of this Agreement. Within [*****] after the end of each calendar year, USSC shall calculate the Royalties actually payable with respect to [***] during such calendar year using the [*****]for such calendar year and shall provide a report to IDI setting forth such calculation. If the Royalties previously paid by USSC with respect to [*****] during such calendar year [******]], USSC shall pay the additional amount to IDI by check or bank transfer simultaneously with the submission of such report to IDI. If the Royalties previously paid by USSC [******] during such calendar year are [*******], unless the amount exceeds [**********]in which event such amount shall be paid by IDI to USSC within thirty (30) days of IDI receiving such Royalty report. USSC shall maintain records in sufficient detail and, upon reasonable notice, [***********]. Such examinations shall occur on or after February 15 of any calendar year [*******], only during business hours, and not more than once a year, and shall be solely for the purpose of verifying the calculation of the Royalty due under this Agreement. A final such examination may occur once during the year immediately succeeding termination of this Agreement. In the event [************]. In any other event, the fees and expenses [***] shall be borne by IDI. Unless written objection is CONFIDENTIAL TREATMENT REQUESTED made by IDI and delivered to USSC within 60 days after completion of such examinations, the calculation of Royalties paid by USSC prior to the date of such examination shall be final and binding on the Parties, except insofar as adjusted or corrected as a result of USSC's regular annual audit. The results of any audit conducted pursuant to this Section 5.2 shall be binding upon the Parties. In the event that, as a result of any such audit, there is any adjustment in the Royalty payable by USSC to IDI for the period covered by the audit, (a) if the Royalties previously paid by USSC with respect to the period covered by the audit are less than the Royalties actually payable to IDI with respect to such period, USSC shall pay the additional amount to IDI by check or bank transfer within sixty (60) days after completion of the audit and (b) if the Royalties previously paid by USSC with respect to the period covered by the audit are greater...

Payment and Records. 3.1 Developer shall invoice Newell for the Services in the amounts and at such times as set forth in Exhibit A hereto, but Developer shall be responsible for the payment of all taxes on work performed pursuant to this Agreement. Each invoice shall include the information set forth in Exhibit A. 3.2 Newell shall pay any undisputed invoices submitted by Developer in accordance with this Agreement within ninety (90) days of Xxxxxx’x receipt of the invoice. 3.3 Developer agrees to maintain records to support charges to Newell under this Agreement and to make such records available for inspection by Newell or its representatives during normal business hours.