Common use of Records and Adjustments Clause in Contracts

Records and Adjustments. a. The Licensee shall keep full, clear and accurate records with respect to all Licensed Products and shall furnish any information which Owner may reasonably request from time to time to enable Owner to ascertain the proper royalty due on account of (a) Licensed Products sold, leased and put into use by the Licensee or any of its Related Companies, and (b) services performed by Licensee or any of its Related Companies that directly or indirectly uses Licensed Product. Owner shall have the right through its accredited auditors to make an examination, during normal business hours, of all records and accounts bearing upon the amount of royalty payable to him. Prompt adjustment shall be made to compensate for any errors or omissions disclosed by such examination. b. Independent of any such examination, Owner will credit to the Licensee the amount of any overpayment of royalties made in error only if Licensee identifies and fully explains in a written notice to Owner delivered within twelve (12) months after the due date of the payment which included such alleged overpayment, provided that Owner is able to verify, to its own satisfaction, the existence and extent of the overpayment. c. No refund, credit or other adjustment of royalty payments shall be made by Owner except as provided in this Section 2.3. Rights conferred by this Section 2.3 shall not be affected by any statement appearing on any check or other document, except to the extent that any such right is expressly waived or surrendered by a party having such right and signing such statement.

Records and Adjustments. a. (a) The Licensee CORPORATION shall keep full, clear and accurate records with respect to all Licensed Products REPORTABLE PRODUCTS and shall furnish any information which Owner AT&T may reasonably request prescribe from time to time to enable Owner AT&T to ascertain the proper royalty due hereunder on account of (a) Licensed Products products sold, leased and put into use by the Licensee CORPORATION or any of its Related Companies, and (b) services performed by Licensee or any of its Related Companies that directly or indirectly uses Licensed ProductSUBSIDIARIES. Owner AT&T shall have the right through its accredited auditors to make an examination, during normal business hours, of all records and accounts bearing upon the amount of royalty payable to himit hereunder. Prompt adjustment shall be made to compensate for any errors or omissions disclosed by such examination. b. (b) Independent of any such examination, Owner AT&T will credit to the Licensee CORPORATION the amount of any overpayment of royalties made in error only if Licensee identifies and which is identified an fully explains explained in a written notice to Owner AT&T delivered within twelve eighteen (1218) months after the due date of the payment payments which included such alleged overpayment, provided that Owner AT&T is able to verify, to its own satisfactionsatisfaction , the existence and extent of the overpayment. c. (c) No refund, credit or other adjustment of royalty payments shall be made by Owner AT&T except as provided in this Section 2.32.04. Rights conferred by this Section 2.3 2.04 shall not be affected by any statement appearing on any check or other document, except to the extent that any such right is may be expressly waived or surrendered by a party having such right and signing such statement.

Records and Adjustments. a. a) The Licensee shall keep full, clear and accurate records with respect to all Licensed Products and shall furnish any information which Owner may reasonably request from time to time to enable Owner to ascertain the proper royalty due on account of (a) Licensed Products sold, leased and put into use by the Licensee or any of its Related Companies, and (b) services performed by Licensee or any of its Related Companies that directly or indirectly uses Licensed Product. Owner shall have the right through its accredited auditors to make an examination, during normal business hours, of all records and accounts bearing upon the amount of royalty payable to him. Prompt adjustment shall be made to compensate for any errors or omissions disclosed by such examination. b. b) Independent of any such examination, Owner will credit to the Licensee the amount of any overpayment of royalties made in error only if Licensee identifies which is identified and fully explains explained in a written notice to Owner delivered within twelve (12) months after the due date of the payment which included such alleged overpayment, provided that Owner is able to verify, to its own satisfaction, the existence and extent of the overpayment. c. c) No refund, credit or other adjustment of royalty payments shall be made by Owner except as provided in this Section 2.3. Rights conferred by this Section 2.3 shall not be affected by any statement appearing on any check or other document, except to the extent that any such right is expressly waived or surrendered by a party having such right and signing such statement.