Records; Accounting. Covered Providers; Access 7
Records; Accounting. (a) Licensee shall keep, and shall require its Affiliates and Sublicensees to keep (all in accordance with the Accounting Standards and Licensee’s applicable policies and practices as such may be modified from time to time), complete and accurate records in sufficient detail to properly reflect the Net Sales and to enable the Coherus Royalty payable hereunder (if any) to be determined for a period of at least [***] Years or as otherwise necessary to facilitate the audits contemplated under Section 7.8 (Audit Request). [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(b) Licensee shall determine Net Sales consistent with the Accounting Standards and Licensee’s applicable policies and practices as such may be modified from time to time. In the case of amounts to be determined by Third Parties (for example, net sales by Sublicensees), such amounts shall be determined in accordance with the Accounting Standards in effect in the country in which such Third Party is engaged. Licensee retains the right to modify its policies and practices to comply with specific changes in the Accounting Standards and as otherwise deemed necessary or appropriate by Licensee but shall not do so solely to reduce the amount of payments due to Coherus hereunder. Where Coherus notifies Licensee that the change is material to Coherus, Licensee shall provide an explanation of the change and an accounting of the effect of the change on the relevant revenue, cost, or expense category.
(c) In the event of the payment or receipt of non-cash consideration in connection with the performance of activities under this Agreement, Licensee shall advise Coherus of such transaction, including Licensee’s assessment of the fair market value of such non-cash consideration and the basis therefor. Such transaction shall be accounted for on a cash equivalent basis, as mutually agreed by the Parties in good faith.
Records; Accounting. If the Collaboration is terminated pursuant to Section 11 hereof, PMC and OraVax and their successors and assigns shall keep and maintain detailed and accurate books and records with regard to Net Sales, royalties, payments received from sublicensees and payments due to the other and the calculation thereof. * This portion of the Exhibit has been omitted pursuant to a request for Confidential Treatment under Rule 406 of the Securities Act of 1933, as amended. The Complete Exhibit, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission.
Records; Accounting. The Trustee shall maintain, or cause to be maintained, complete and accurate records of all the Deposited Shares deposited hereunder, the identity, address, and ownership of the Shareholder (or any transferee of Voting Trust Certificates), and all Voting Trust Certificates issued by the Trustee. The Trustee shall provide any such records to the Company for purposes of any dividend or distribution pursuant to Section 2.1 of this Agreement. Such records shall be open to inspection by the Shareholder or other party to or beneficiary under this Agreement on reasonable notice during business hours. The Trustee shall not be required to make any returns or render any accounting to any court while acting under this Agreement, nor to secure any orders therefrom or file any appraisals or inventories therewith, but shall, as the Trustee may deem advisable, render an accounting with respect to such trust (covering the period from the date of the next preceding accounting) to the Shareholder.
Records; Accounting. Company will throughout the Term, keep complete, true and accurate books of accounts and records of Net Sales sufficient to support and verify the calculation of all royalties and sales milestones due and payable to Mayo under this Agreement. Such books and records will be open at reasonable times, but not more frequently than once per calendar year, for inspection by a representative of Mayo, at Mayo's expense, for audit and verification of any report required under this Agreement with respect to Net Sales received not more than ten (10) years prior to the date of Mayo's request. Mayo representative will treat as confidential all relevant matters and will be a person or firm reasonably acceptable to Company. In the event such audit reveals an underpayment to Mayo, Company will within thirty (30) days pay the royalty due in excess of the royalty actually paid. In the event the audit reveals an underpayment by Company of more than [***] percent ([***]%) of the amount due, Company will pay interest on the royalty due in excess of the royalty actually paid in accordance with Section 3.13 below and will also pay all of Mayo’s costs in conducting the audit. Notwithstanding the foregoing, in the event that it is demonstrated that Company has knowingly underpaid royalties owed to Mayo (other than royalties being withheld by Company in
Records; Accounting. (a) CONTRACTOR shall maintain adequate records. Such records shall contain the data necessary for reporting to BEHAVIORAL HEALTH and the State Department of Health Care Services. Individual records shall contain intake information, interviews and progress notes. Program records shall contain enough detail for evaluation of services. CONTRACTOR shall provide quarterly and annual program reports to BEHAVIORAL HEALTH in the format determined by Branch Director.
(b) CONTRACTOR shall maintain financial records that clearly reflect the cost of each type of service. Any cost apportionments shall be made under generally accepted accounting principles. This section shall survive the expiration or termination of this AGREEMENT.
Records; Accounting. It is the responsibility of Independent Contractor to maintain at the Clinic (and not elsewhere) accurate records necessary and useful to the Clinic in billing and collecting for chiropractic services performed by him/her. Either party may, himself/herself or through any certified public accountant selected by him/her, inspect at his/her expense the relevant records maintained by the other to determine compliance with this Agreement. The Clinic may, if it wishes, first obtain reasonable assurances of confidentiality from such accountant. Except for manifest bad faith, the periodic report of the independent certified public accountant firm then regularly used by the Clinic shall be deemed to be a proper accounting and shall be binding and conclusive on the parties of this Agreement.
Records; Accounting. It is the responsibility of Associate to maintain at the Clinic (and not elsewhere) accurate records necessary and useful to the Clinic in billing and collecting for Acupuncture services performed by him/her.
Records; Accounting. Stratus shall maintain complete and accurate accounting records in accordance with generally accepted accounting practices (GAAP) to substantiate all charges hereunder. Such records include payroll records, job cards, attendance records and summaries. Stratus shall retain such records for a period of three (3) years from date of final invoice.
Records; Accounting. The Trustee shall keep accurate and complete records of all transactions made or entered into by the Trustee on behalf of the Trust which each Committee shall have the right to examine at any time during the Trustee's regular business hours. In addition, the Trustee shall, within ninety (90) days of the close of each Plan Year, beginning with the first Plan Year ending after the Effective Date, provide an annual statement of account to the Sponsoring Company's Committee. Such statement of account shall set forth all receipts and disbursements of the Trust during such year and contain a list of all of the assets held by the Trust, the cost and fair market value thereof as of the end of such year. Unless the Trustee receives written notice of any error contained or believed to be contained in such annual statement of account from the Sponsoring Company's Committee within sixty (60) days of the date upon which such account has been provided thereto, the Trustee may presume that such account has been approved thereby. If any dispute arises between such Committee and the Trustee with respect to any item contained in such annual statement of account and such dispute cannot be otherwise resolved, the Trustee may elect to have its account judicially settled.
