Payments and Reporting. After the First Commercial Sale of Licensed Product in the Territory, Nuvios shall calculate royalties quarterly at the end of each Accounting Period (i.e., March 31, June 30, September 30 and December 31) and shall pay royalties on Net Sales quarterly within sixty (60) days after the end of each Accounting Period. With each such payment, Nuvios shall provide in writing to Ipsen for the relevant Accounting Period at least the following information split by United States of America, EU, and any other countries of the Territory: · Gross Sales (expressed in the currency in which the sale of Licensed Product is made, and for Gross Sales achieved in the ROW, the applicable conversion rates and the resulting amount in Euros); · Net Sales (expressed in the currency in which the sale of Licensed Product is made, and for Net Sales achieved in the ROW, the applicable conversion rates and the resulting amount in Euros); · Total royalty payable (expressed in USD for the Net Sales achieved in the USA and in Euros with respect to ROW).
Payments and Reporting. After the First Commercial Sale of Licensed Product in the Territory, Licensee shall calculate royalties quarterly at the end of each Accounting Period [ ]* and shall pay royalties on Net Sales quarterly within [ ]* after the end of each Accounting Period. With each such payment, Licensee shall provide in writing to Ipsen for the relevant Accounting Period at least the following information split by United States of America, and any other countries of the Territory: * CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. · Gross Sales (expressed in the currency in which the sale of Licensed Product is made, and, for Gross Sales achieved in the ROW, the applicable conversion rates and the resulting amount in Euros, subject to the provisions of Section 5.1 above) on a Licensed Product-by-Licensed Product basis, in unit and in value; · Net Sales (expressed in the currency in which the sale of Licensed Product is made, and, for Net Sales achieved in the ROW, the applicable conversion rates and the resulting amount in Euros, subject to the provisions of Section 5.1 above) on a Licensed Product-by-Licensed Product basis, in unit and in value; · Total royalty payable (expressed in USD for the USA and in Euros for ROW, subject to the provisions of Section 5.1 above) on a Licensed Product-by-Licensed Product basis.
Payments and Reporting. (a) After [****], IGT will compute and pay royalties pursuant to the royalty schedule of Section 4.02 to PureDepth within thirty (30) days after the end of each quarter of the calendar year -- the quarters ending on March 31st, June 30th, September 30th and December 31st.
(b) Within thirty (30) days after each quarter (from January 1 to March 31, from April 1 to June 30, from July 1 to September 30 and from October 1 to December 31) for as long as this Agreement remains in effect, IGT will furnish to PureDepth a report in writing containing full particulars of the Sales of Licensed Product during the quarter (including the numbers of Wagering Stations per Gaming Machine).
(c) IGT will keep or cause to be kept, true and accurate books and records with respect to Sales of Licensed Products (and all Wagering Stations) covered by this Agreement in accordance with generally accepted accounting principles and in a manner consistent with the accounting methods employed by best business practice.
(d) PureDepth will have the right, at its own expense, to engage an independent, certified public accounting firm to examine the relevant books and records of IGT (including those records received by IGT from its sublicensees and any of its Affiliates who have Sold the Licensed Products) at any reasonable time during business hours after notifying IGT of its desire to do so in writing. Except for the disclosure of financial information to PureDepth or except as otherwise required by law, regulation or legal process, such accounting firm will be required to maintain the confidentiality of all financial or other non-public information of IGT and any of its Affiliates who have Sold the Licensed Products. The examination will be no more than once each year and will cover no more than the preceding three (3) anniversary years. Except in the case of an intentional failure to disclose or omission by IGT or its Affiliates or agents, no year may be audited more than once. The examination will be solely for the purpose of determining the compliance by IGT of its reporting and payment obligations under this Agreement. In the event that an examination discloses an error by IGT (for whatever reason) of more than [****]% the of royalties paid or due to PureDepth for the period under audit, IGT will fully reimburse PureDepth for all PureDepth's costs and expenses of the examination, and will pay to PureDepth the amount of the royalties due to PureDepth within thirty (30) days.
(e) Royal...
Payments and Reporting. In consideration of the license rights granted to Tanox under this Agreement, Tanox shall make the following payments to Biogen:
3.2 Tanox shall pay Biogen a royalty on NET SALES of LICENSED PRODUCT sold by Tanox, its AFFILIATES, SUBLICENSEES and DISTRIBUTOR(S) in the TERRITORY at the following rates: PORTION OF ANNUAL NET SALES ROYALTY RATE OFFSET (ARTICLE 3.3) ---------------- ------------ -------------------- * * *
3.3 If Tanox licenses PROTEIN DESIGN LABS PATENT(S) to make, have made, use, sell, offer for sale, or import LICENSED PRODUCT, then so long as a VALID CLAIM of a PROTEIN DESIGN LABS PATENT encompasses the LICENSED PRODUCT in the United States, the royalty otherwise payable to Biogen under Article 3.2 on sales in the respective countries in which there are such VALID CLAIMS shall be reduced by the amounts set forth in the above Table of Article 3.2 under the heading "Offset" determined by reference to the amount of annual NET SALES in such countries.
3.4 As further consideration of the rights granted to Tanox under this Agreement, Tanox shall make the following nonrefundable, noncreditable payments to Biogen upon the first achievement of each of the following milestones. MILESTONE PAYMENT --------- ------- Upon filing an IND or equivalent filing for first LICENSED PRODUCT * Commencement of Phase III Clinical Trial (or equivalent pivotal trial) of first LICENSED PRODUCT * Filing BLA/MAA or equivalent filing for first LICENSED PRODUCT * Regulatory approval anywhere in the TERRITORY of first LICENSED PRODUCT *
3.5 If, after executing this Agreement, Tanox becomes (a) an AFFILIATE of; or (b) merged with; or (c) acquired by: or (d) an acquirer of, a third party having an equal or greater number of employees than Biogen at the time of such AFFILIATE formation or merger or acquisition, then Tanox shall be obligated to make additional milestone payments in addition to those recited above in Article 3.
Payments and Reporting. (a) BMS shall furnish ASCENT, ** , a report setting forth:
(i) the retail prescriptions for the Product in the Territory that were written or ordered by (x) Pediatricians and (y) other health care professionals during such period, in each case, as determined by **; and
(ii) the retail Pediatrician Prescriptions in clause 12(a) (i) above categorized by Pediatrician as sorted by Zip Code; and
(iii) a summary report with an explanation of costs associated with Funded Activities.
(b) In addition to the reports provided under Section 12 (a) above, BMS shall furnish ASCENT, within ** after each ** a report setting forth:
(i) the calculation of ** in the Territory during such period (including the Net Sales for the applicable period used in determining Net Sales per Script for such period); and
(ii) the calculation of ASCENT's compensation under Section 11 with respect to such Net Sales attributable to Pediatricians with respect to such period (and, in addition to a report for the fourth Agreement Quarter, with respect to the entire Agreement Year)
(c) BMS shall furnish ASCENT, as of the Effective Date of this Agreement, retail prescription data for the Product on an individual Pediatrician basis for each month in the preceding twelve (12) months sorted by Zip Code with the view to enabling ASCENT to determine the projected base level of sales for each defined ASCENT sales representative territory.
(d) The determination of ASCENT's compensation specified in the report shall be made in accordance with Section 11 hereof.
(e) All payments to a party under this Agreement shall be made by wire transfer in immediately available funds in legal currency of the United States and shall be delivered to the account of such party designated by it in writing from time to time.
(f) The parties will maintain complete and accurate books and records in sufficient detail to enable verification of the detail call activity of ASCENT, the Net Sales of the Product and the basis for calculating the compensation paid by BMS to ASCENT hereunder. Either party may demand an audit of the other party's relevant books and records in order to verify the other's reports on the aforesaid matters. Upon reasonable prior notice to the party to be audited, the independent public accountants of the other party shall have access to the relevant books and records of the party to be audited in order to conduct a review or audit thereof. Such access shall be available during normal business hours not more...
Payments and Reporting. 1.1 Payments to Registered Training Organisations (RTOs) made under this Agreement will be based on the submission of validated learner activity data submitted by the RTO to Skills Tasmania.
1.1.1 The learner activity data submitted by the RTO must be in accordance with the Australian Vocational Education and Training Management Information Statistical Standard (AVETMISS).
1.1.2 In order to ensure payment for training delivered to apprentices and trainees is made in a timely manner, RTOs must ensure that the name reported for the apprentice or trainee in their AVETMISS data is the same as that recorded on TrainingNet (TrainingNet is the web based management information system enabling RTOs to access information regarding the training contract of apprentices and trainees for whom they are the nominated RTO. It can be accessed at: xxx.xxxxxx.xxx.xxx.xx/xxxxxxxxx/xxxxxxxxxxx).
1.1.3 The RTO should submit AVETMISS compliant data on a monthly basis no later than the 15th day of each month. If the 15th day of the month is not a business day then no later than the last business day occurring before the 15th day of the month.
1.1.4 It is the RTO’s responsibility to ensure all program and subject codes are correct and consistent with those listed in the National Training Package to which they relate. This information can be accessed at xxx.xxxxxxxx.xxx.xx
1.1.5 All files must be validated using the National Centre for Vocational Education Research (NCVER) AVETMISS software which can be accessed at xxxxx://xxx.xxxxx.xxx.xx/xxx/
1.1.6 Data files submitted to Skills Tasmania must be error free and warnings must be addressed where possible.
1.2 In order to enable Skills Tasmania to meet its national reporting obligations, the RTO must submit its year to date data files to Skills Tasmania each quarter ending on 30 March, 30 June, 30 September and 31 December by the 15th day of the following month (the due date). In the event the RTO has no reportable activity for the current year or since its last file submission it must advise Skills Tasmania of that fact by the due date, by email at: xxxxxxxx@xxxxxx.xxx.xxx.xx
1.3 Failure to comply with the requirements of Clause 1.2 of this Schedule is a material breach of this agreement and may lead to termination of the agreement as provided in Clause 15 of Schedule 1.1.
1.4 Payment will be made as specified in this schedule for units of competency per learner reported by the RTO.
1.4.1 At its discretion, Skills Tasmania may elect ...
Payments and Reporting. 4.1 Payments due to Licensor hereunder shall be computer on the basis of each Contact Quarterly Term, and any and all fees due and payable to Licensor for any given Contract Quarterly Term shall be paid to Licensor within fifteen (15) days after the close of such Contract Quarterly Term. With each payment, Licensee shall submit a computer printout report by account, accompanied by copies of invoices by account, showing gross revenue generated from the Licensed Product during the preceding Contract Quarterly term.
4.2 Within sixty (60) days after the close of each Contract Year of this Agreement, Licensee shall submit to Licensor a statement prepared by its Chief Financial Officer showing the gross revenue, net profit and computation of fees due to the Licensor for that Contract Year.
4.3 All sales reports and fee payments due to licensor under this Agreement shall be made in U.S. Dollars.
4.4 Licensee shall keep complete and accurate records of sales from the Use of the Licensed Product and licensed marks under this Agreement, which records shall be open to inspection by authorized representatives of Licensor at reasonable times during normal business hours of Licensee upon thirty (30) calendar days notice by Licensor to Licensee, but not more than three (3) times each Contract Year. Licensor may also appoint a Certified Public Accountant of Licensor’s choice for the purpose of auditing Licensee relevant records. Licensor shall pay the cost of such audit reveals that payments made by Licensee to licensor during the times between that audit and any previous audit are more than ten (10%) percent below the fee amounts that should have been paid, in which case Licensee shall pay the cost of such audit.
4.5 If the payments due to be paid according to paragraph 4.1 , above, are delayed beyond the time for payments set forth in said paragraph, Licensee shall pay, without special notice from Licensor, interest assessed from the last day of the Contract Quarterly Term for which the royalty payment is due, said interest being at the rate of one (1%) percent per month, compounded, such interest being in addition to and not exclusive of any other remedies set forth in this Agreement for late payment or nonpayment.
4.6 As consideration for the rights herein granted, the Licensee undertakes and agrees to commit to the Licensor that it shall purchase and sell a minimum of one thousand (1,000) units of the product by the end of the first year since the start of its operat...
Payments and Reporting. After the First Commercial Sale of Licensed Product in the Territory, Licensee shall calculate royalties quarterly at the end of each Accounting Period [ ]* and shall pay royalties on Net Sales quarterly within [ ]* after the end of each Accounting Period. With each such payment, Licensee shall provide in writing to Ipsen for the relevant Accounting Period at least the following information split by United States of America, and any other countries of the Territory: · Gross Sales (expressed in the currency in which the sale of Licensed Product is made, and, for Gross Sales achieved in the ROW, the applicable conversion rates and the resulting amount in Euros, subject to the provisions of Section 5.1 above) on a Licensed Product-by-Licensed Product basis, in unit and in value; · Net Sales (expressed in the currency in which the sale of Licensed Product is made, and, for Net Sales achieved in the ROW, the applicable conversion rates and the resulting amount in Euros, subject to the provisions of Section 5.1 above) on a Licensed Product-by-Licensed Product basis, in unit and in value; · Total royalty payable (expressed in USD for the USA and in Euros for ROW, subject to the provisions of Section 5.1 above) on a Licensed Product-by-Licensed Product basis.
Payments and Reporting. 7.3.1 Beginning with the Calendar Quarter in which the first commercial sale of a Product is made in the Licensed Territory, and for each Calendar Quarter thereafter, payments shall be made to Echo within forty-five (45) days following the end of each such Calendar Quarter. MTIA shall provide a report, on a monthly basis, summarizing, total unit sales, gross sales and total Net Sales during the relevant month (including an itemization of the deductions applied to such gross sales to derive such Net Sales), the cumulative Net Sales from the first commercial sale through such month, and the calculation of payments due thereon. In the event that payments are due in respect of a given Calendar Quarter, MTIA shall submit a report so indicating.
7.3.2 All other payments to be made under this Agreement shall be made in accordance with the terms set forth in the applicable Section(s) regarding such payments.
Payments and Reporting. After the First Commercial Sale of Licensed Product in the Territory, Nuvios shall calculate royalties quarterly at the end of each Accounting Period (i.e., March 31, June 30, September 30 and December 31) and shall pay royalties on Net Sales quarterly within sixty (60) days after the end of each Accounting Period. Nuvios may delay the payment of royalties on Net Sales until a maximum of ninety (90) days after the end of each Accounting Period provided that Nuvios shall pay to Ipsen interest on such late payment between the 60th and the effective date of payment of the royalties, at the rate of EURIBOR 1 month plus 0.50% on sales in EURO and LIBOR 1 month USD plus 0.5% on sales in USD.”
