Payments Reports and Records. 5.9.1 Acorda shall keep and shall cause its Affiliates and Designees to keep true and accurate records of gross sales of the Product, the items deducted from the gross amount in calculating the NSP, the NSP and the royalties payable to Elan under Article 5 hereof. Acorda shall deliver to Elan a written statement thereof within forty five (45) days following the end of each calendar quarter (or any part thereof in the first or last calendar quarter of this Agreement) for such calendar quarter. The said written statements shall set forth on a country-by-country basis, the calculation of the NSP from gross revenues during that calendar quarter, the applicable percentage rate, and a computation of the sums due to Elan (the “Statement”). The Parties’ financial officers shall agree upon the precise format of the Statement. Acorda shall also provide Elan with preliminary monthly sales reports in a format to be determined by the Committee.
5.9.2 Payments due on NSP of the Product based on sales amounts in a currency other than United States Dollars shall first be calculated in the foreign currency and then converted to United States Dollars on the basis of the exchange rate in effect for the purchase of United States Dollars with such foreign currency quoted in the Wall Street Journal (or comparable publication if not quoted in the Wall Street Journal) with respect to the sale of currency of the country of origin of such payment for the day prior to the date on which the payment by Acorda is being made. In order to facilitate the payments, the Parties may agree that with respect to a certain country or countries the payments due with regard to Product sales in such country or countries will be paid directly by the Acorda Designee(s) responsible for the marketing of the Product in such country or countries to Elan. In remitting such royalty payments such Designees(s) will abide by the terms of this Article 5.9. No such direct payments will be made by any Acorda Designee unless Acorda and Elan have beforehand agreed that such direct royalty payment and such direct payments shall not adversely affect the withholding liability of Elan compared to the payments made by Acorda to Elan.
5.9.3 If laws, rules or regulations require withholding of income taxes or other taxes imposed upon payments set forth in this Article 5, Elan shall provide Acorda, prior to any such payment, once each calendar year or more frequently if required, with all forms or documentation required b...
Payments Reports and Records. Royalties shall be due and payable in U.S. dollars in immediately available New York, New York funds within thirty (30) days after the last business day of each March, June, September and December of each calendar year during the term of this Agreement. If requested by NCT, Licensee shall direct its independent certified public accountants at Licensee's expense to provide NCT with a certified written royalty report (the "Royalty Report") for each calendar year of this Agreement within sixty (60) days of the end of each calendar year of this Agreement. Such Royalty Reports shall be prepared in accordance with the standard reporting procedures of such independent certified public accountants applied in a consistent manner. A similar Royalty Report shall be rendered and royalty payment shall be made within sixty (60) days after termination of this Agreement.
Payments Reports and Records. 4.1 Within sixty (60) days after September 30 and March 31 during the term hereof, unless no royalty is due hereunder, SHENZHEN HIGH POWER shall provide to OBC a written statement setting forth the amount of the royalties which shall become due and payable hereunder during such semi-annual period. Each such statement shall set forth in reasonable detail the basis on which the amount of such royalties shall have been determined, and shall be accompanied by payment of royalties due.
Payments Reports and Records. Royalties, if applicable as defined in Section 3.2, shall be due and payable in U.S. dollars in immediately available funds within forty-five (45) days after the last business day of each calendar quarter of each calendar year during the term of this Agreement. Royalties may be paid by wire transfer to an account designated by NCT Hearing or by certified check delivered to NCT Hearing on the date such Royalties are due. Late payments of Royalty shall bear interest on the unpaid amount at the annual rate of twelve percent (12%) compounded quarterly until fully paid. If requested by NCT Hearing, the Chief Financial Officer or another authorized officer of the Licensee shall provide NCT Hearing with a certified written royalty report (the "Royalty Report") for each of Licensee's fiscal years (or portions thereof) during the term of this Agreement, for which royalties were due to NCT Hearing, within sixty (60) days of the end of each calendar year of this Agreement. Such Royalty Reports shall be prepared in accordance with generally accepted accounting principles applied in a consistent manner. A similar Royalty Report shall be rendered and Royalty payment shall be made within sixty (60) days after termination of this Agreement, provided, that, royalties were payable to NCT Hearing during the term of this Agreement.
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Payments Reports and Records. 5.1 Roche shall keep true and accurate records, and shall ensure that its Affiliates and Sublicensees keep true and accurate records, of Net Sales and the royalties payable to COH under Section 4.3 hereof and Roche shall deliver to COH (with a copy to MDRNA) a written statement thereof within [***] days following the end of each [***] (or any part thereof in the first or last [***] of this Agreement) for such [***] (“Royalty Statement”). Each Royalty Statement shall set forth for each product, the amount of Net Sales during that [***].
5.2 All amounts due under this Agreement shall be paid in U.S. dollars. When calculating the Adjusted Gross Sales for countries other than the United States of America, Roche shall convert the amount of such sales in currencies other than Swiss Francs into Swiss Francs using for internal foreign currency translation Roche’s then current standard practices actually used on a consistent basis in preparing its audited financial statements. Upon converting the amount of Adjusted Gross Sales into Swiss Francs, Roche shall convert into US Dollars (or other currency), using the average [***] rate (currently Reuters) for the applicable [***]. All payments shall be made by wire transfer to a designated COH account within [***] days after the end of each [***]. [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
5.3 Any income or other taxes which Roche is required by law to pay or withhold (ultimately) on behalf of MDRNA or COH with respect to royalties and any other moneys payable to MDRNA or COH under this Agreement shall be deducted from the amount of such royalties and moneys due. Roche shall furnish MDRNA or COH, as applicable, with proof of such payments. Any such tax required to be paid or withheld shall be an expense of and borne by MDRNA or COH, as applicable. Roche shall promptly provide MDRNA or COH, as applicable, with a certificate or other documentary evidence to enable MDRNA to support a claim for a refund or a foreign tax credit with respect to any such tax so withheld or deducted by Roche. The Parties and COH, if applicable, will reasonably cooperate in completing and filing any documents required under the provisions of any applicable tax treaty or under any other applicable law, in order to enable Roche to make such payments to...
Payments Reports and Records. 1 Franchise will provide all Payments report to the company within 48 hours.
Payments Reports and Records. Within ***** days of the Effective Date, Genmab shall -------------- reimburse Medarex for all costs incurred prior to the Effective Date with respect to *****.
Payments Reports and Records. In consideration for the performance by RI HOSPITAL of research on the Project pursuant to Paragraph 2.01, GRACE agrees to pay RI HOSPITAL those amounts set forth in the research budget (Exhibit B to this Agreement) as the total estimated cost and expenditures for the Project. Such payments shall be used solely for the conduct of the Project under this Agreement. The total annual estimated research cost for the Project as specified in Exhibit B shall not be exceeded without prior specific written authorization from GRACE. GRACE is under no obligation, express or implied, to authorize expenditures pursuant to any revised budget.
