Common use of RECORDS AND AUDIT OF SALES AND EXPENSES Clause in Contracts

RECORDS AND AUDIT OF SALES AND EXPENSES. Each Party will maintain complete and accurate records regarding sales, costs, expenses and payments applicable to HIV Products, in sufficient detail to enable the other Party to confirm the accuracy of payments due under this Agreement. In particular, Selfcare shall keep separate records of each of the categories of costs specifically referenced in the definition of Commercialization Costs. Such records shall be open, during reasonable business hours for a period of three (3) years from creation of the record, for examination at the other Party's expense and not more often than once each year by a certified public accountant from a major recognized accounting firm selected by the other Party for the sole purpose of verifying the correctness of calculations made under this Agreement. The accounting expense shall be paid by the Party requesting the audit. If material discrepancies (in excess of 5%) are identified in such audit, the audited Party shall bear the accounting expense. Any records or accounting information received from the other Party shall be Confidential Information. The terms of this section shall survive any termination or expiration of this Agreement for a period of three (3) years. ------- [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 2 contracts

Samples: Development and Distribution Agreement (Chemtrak Inc/De), Development and Distribution Agreement (Chemtrak Inc/De)

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RECORDS AND AUDIT OF SALES AND EXPENSES. Each Party will maintain complete and accurate records regarding sales, costs, expenses and payments applicable to HIV Products, in sufficient detail to enable the other Party to confirm the accuracy of payments due under this Agreement. In particular, Selfcare shall keep separate records of each of the categories of costs specifically referenced in the definition of Commercialization Costs. Such records shall be open, during reasonable business hours for a period of three (3) years from creation of the record, for examination at the other Party's expense and not more often than once each year by a certified public accountant from a major recognized accounting firm selected by the other Party for the sole purpose of verifying the correctness of calculations made under this Agreement. The accounting expense shall be paid by the Party requesting the audit. If material discrepancies (in excess of 5%) are identified in such audit, the audited Party shall bear the accounting expense. Any records or accounting information received from the other Party shall be Confidential Information. The terms of this section shall survive any termination or expiration of this Agreement for a period of three (3) years. ------- [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 2 contracts

Samples: Development and Distribution Agreement (Selfcare Inc), Development and Distribution Agreement (Chemtrak Inc/De)

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