Common use of Reports, Exchange Rates Clause in Contracts

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a Product, Allos shall furnish to Licensor a quarterly written report showing in reasonably specific detail, on a country-by-country basis (a) the gross sales of each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory during the reporting period and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each Product; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d) for the last quarter of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar year. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of payment. Reports shall be due on the thirtieth (30th) day following the close of each quarter and payment shall be due on the date of such report. Allos shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale Use of a ProductLicensed Use, Allos LICENSEE shall furnish to Licensor LICENSOR a quarterly written report showing in reasonably specific detail, on a country-by-country basis (a) the gross sales of each Product Licensed Use sold by Allos, LICENSEE and its Affiliates and its Permitted Sublicensees in the Territory during the reporting period and the calculation of the Net Sales Revenue from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales Revenue of each ProductLicensed Use; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d) for the last quarter date of the First Commercial Use of each calendar year, Licensed Use in each country during the aggregate royalties reporting period; and sublicense fees accrued on (e) the Net Sales during such calendar yearexchange rates used in determining the amount of United States dollars. With respect to sales of Products Licensed Uses invoiced in United States dollars, the gross sales, the Net SalesRevenues, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products Licensed Uses invoiced in a currency other than United States dollars, the gross sales, the Net Sales Revenue and royalties and sublicense fees payable shall be expressed in the domestic currency of the party Person making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England the Wall Street Journal on each of the last business day of each month in the calendar quarter prior to the date of payment. Reports shall be due on not later than the thirtieth ninetieth (30th90th) day following the close of each quarter reporting period. LICENSEE shall keep and payment shall be due on the date of such report. Allos shall require its Affiliates to keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales Revenue and to enable the royalties and sublicense fees payable hereunder to be determined. Allos For the purposes of this Section 3.7, gross sales of any Laboratory Developed Tests shall be responsible for reporting calculated as the amount of revenue expected to Licensor regarding be collected on such gross sales after all Products sold by Affiliates contractual discounts and Permitted Sublicensees allowances from third party payers, and for paying not the gross amounts billed to Licensor the payments due pursuant to Article 3 hereofsuch third party payers.

Reports, Exchange Rates. EYETECH shall notify SHEARWATER in writing promptly upon the FIRST COMMERCIAL SALE of a PRODUCT by EYETECH, its AFFILIATES or its SUBLICENSEES. During the portion of the term of this Agreement AGREEMENT following the First Commercial Sale FIRST COMMERCIAL SALE of a ProductPRODUCT, Allos EYETECH shall furnish to Licensor SHEARWATER a quarterly written report showing in reasonably specific detail, on a country-by-country basis by country basis: (a) the gross sales of each Product PRODUCT sold by AllosEYETECH, its Affiliates AFFILIATES and its Permitted Sublicensees in the Territory SUBLICENSEES during the reporting period and the calculation of the Net Sales amounts deducted therefrom to determine NET INVOICED SALES from such gross sales; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET INVOICED SALES of each ProductPRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) for the last quarter date of the FIRST COMMERCIAL SALE of each calendar year, PRODUCT in each country during the aggregate royalties reporting period; and sublicense fees accrued on (e) the Net Sales during such calendar yearexchange rates used in determining the amount of DOLLARS. With respect to sales of Products PRODUCTS invoiced in United States dollarsDOLLARS, the gross sales, the Net SalesNET INVOICED SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsDOLLARS. With respect to sales of Products PRODUCTS invoiced in a currency other than United States dollarsDOLLARS, the gross sales, the Net Sales NET INVOICED SALES and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar DOLLAR equivalent of the royalty payable, . The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading "Currency Trading", on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due on the thirtieth (30th) day following the close of each quarter quarter. EYETECH, its AFFILIATES and payment shall be due on the date of such report. Allos its SUBLICENSEES shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales NET INVOICED SALES of each PRODUCT and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. 7.1.1. During the term of this Agreement following the First Commercial Sale first Calendar Quarter in which Net Sales occur and for the remainder of a Productthe Royalty Term, Allos FRESENIUS shall furnish to Licensor XCYTE, with respect to each Calendar Quarter, a quarterly written report showing on a consolidated basis [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. in reasonably specific detail, detail and on a Product-by-Product and country-by-country basis basis, (a) the gross sales of each Product Products sold by AllosFRESENIUS, its Affiliates and its Permitted Sublicensees in the Territory during the reporting period corresponding Calendar Quarter and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States U.S. dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductProducts; (c) the withholding taxes, if any, required by law to be deducted in respect of such salesroyalties; (d) the dates of the first Net Sales of each Product in each country in the Territory if it has occurred during the corresponding Calendar Quarter; and (de) for the last quarter of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar year. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1as determined pursuant to Section 7.1.4 herein) used in determining the royalty amount expressed in U.S. dollars (collectively, “Reports”). 7.1.2. FRESENIUS shall include in each permitted sublicense granted by Bank of America NT&SA in London, England on each it pursuant to this Agreement a provision requiring its Sublicensees to make Reports to FRESENIUS within [*] days of the last business day close of each month in the quarter prior Calendar Quarter, to keep and maintain records of sales made pursuant to such sublicense and to grant access to such Reports by XCYTE’s independent accountant to the date of paymentsame extent required with respect to FRESENIUS’ Reports under this Agreement. 7.1.3. Reports shall be due on the thirtieth (30th) [*] day following the close of each quarter and payment shall be due on the date of such reportCalendar Quarter. Allos FRESENIUS shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. 7.1.4. Allos With respect to sales (if any) of Products invoiced in U.S. dollars, the gross sales, Net Sales, and royalties payable shall be responsible expressed in U.S. dollars. With respect to sales of Products invoiced in a currency other than U.S. dollars, the gross sales, Net Sales and royalties payable shall be expressed in the currency of the invoice issued by the Party making the sale together with the U.S. dollars equivalent of the royalty payable, calculated using the exchange rate for reporting to Licensor regarding all Products sold such currency reported by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereofBank of America N.A. on the last business day of the applicable Calendar Quarter.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a Productand during the Royalty Term, Allos PMC shall furnish to Licensor CORIXA, with respect to each Calendar Quarter, a quarterly written report showing on a consolidated basis in reasonably specific detail, on a country-by-country basis basis, (a) the gross sales of each Product Products sold by AllosPMC, its Affiliates and its Permitted Sublicensees in the Territory during the reporting period corresponding Calendar Quarter and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States US dollars, if any, which shall have accrued hereunder based upon the Net Sales of each Product; Products (c) the withholding taxes, if any, required by law to be deducted in respect of such salesroyalties; (d) the date of the First Commercial Sales of Product having occurred in each country in the Territory during the corresponding Calendar Quarter; and (de) for the last quarter of each calendar year, exchange rates used in determining the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearroyalty amount expressed in US dollars. With respect to sales (if any) of Products invoiced in United States US dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States US dollars. With respect to sales of Products invoiced in a currency other than United States US dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party invoice issued by the Party making the sale together with the United States dollar US dollars equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted of exchange published in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of Wall Street Journal for the last business day of each month in the quarter prior to the date of paymentapplicable Calendar Quarter. Reports shall be due on the thirtieth forty-fifth (30th45th) day following the close of each quarter and payment shall be due on the date of such reportCalendar Quarter. Allos PMC shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this the Agreement following the First Commercial Sale of a Product, Allos Xxxxxxx-Xxxxx shall furnish to Licensor Ixsys a quarterly written report showing in reasonably specific detail, on a country-by-country basis by country basis, (a) the gross sales of each Product all Products sold by AllosXxxxxxx-Xxxxx, its Affiliates and its Permitted Sublicensees in the Territory sublicensees during the reporting period and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductProducts; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d) for the last quarter date of the First Commercial Sales of each calendar year, Product in each country during the aggregate royalties reporting period; and sublicense fees accrued on (e) the Net Sales during such calendar yearexchange rates used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA as published in London, England the United States in The Wall Street Journal under the caption "Currency Trading" on each of the last business day of each month in the quarter prior to the date of payment. Reports eRports shall be due on the thirtieth sixtieth (30th60th) day following the close of each quarter and payment shall be due on the date of such reportquarter. Allos Xxxxxxx-Xxxxx shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During XXXXXX shall notify NEKTAR AL in writing promptly upon the term FIRST COMMERCIAL SALE of this Agreement following each COMMERCIAL PRODUCT in each country in which XXXXXX elects to pursue commercialization. Commencing upon the First Commercial Sale FIRST COMMERCIAL SALE of a ProductCOMMERCIAL PRODUCT, Allos XXXXXX shall furnish to Licensor NEKTAR AL a quarterly written report showing in reasonably specific detail[***] showing, on a country-by-country basis basis, according to the volume of units of such COMMERCIAL PRODUCT sold in each such country (by SKU) during the reporting period: (a) the gross invoiced sales of the COMMERCIAL PRODUCT sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted therefrom to determine NET SALES from such gross salesinvoiced sales detailed in accordance with those deductions provided for in the definition of NET SALES; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each Productthe COMMERCIAL PRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) for the last quarter date of the FIRST COMMERCIAL SALE of the COMMERCIAL PRODUCT in each calendar year, country during the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearreporting period. With respect to sales of Products COMMERCIAL PRODUCT invoiced in United States dollarsDOLLARS, the gross invoiced sales, the Net SalesNET SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsthe report in DOLLARS. With respect to sales of Products COMMERCIAL PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the report provided hereunder in the domestic currency of the party PARTY making the sale together with as well as in the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading “Currency Trading,” on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due hereunder on the thirtieth forty-fifth (30th45th) day following the close of each quarter and payment shall be due on the date of such report. Allos shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereofcalendar quarter.

Reports, Exchange Rates. OSI shall notify NEKTAR AL in writing promptly upon the FIRST COMMERCIAL SALE of PRODUCT by OSI, its AFFILIATES or its SUBLICENSEES. During the portion of the term of this Agreement AGREEMENT following the First Commercial Sale FIRST COMMERCIAL SALE of a ProductPRODUCT, Allos OSI shall furnish to Licensor NEKTAR AL a quarterly CALENDAR QUARTER written report showing in reasonably specific detail, on a country-by-country basis by country basis: (a) the gross sales of each Product PRODUCT sold by AllosOSI, its Affiliates AFFILIATES and its Permitted Sublicensees in the Territory SUBLICENSEES during the reporting period CALENDAR QUARTER covered and the calculation of the Net Sales amounts deducted therefrom to determine NET INVOICED SALES from such gross sales; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder under this Agreement for such CALENDAR QUARTER based upon the Net Sales NET INVOICED SALES of each ProductPRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) for the last quarter date of the FIRST COMMERCIAL SALE of each calendar year, PRODUCT in each country during the aggregate royalties reporting period; and sublicense fees accrued on (e) the Net Sales during such calendar yearexchange rates used in determining the amount of DOLLARS. With respect to sales of Products PRODUCTS invoiced in United States dollarsDOLLARS, the gross sales, the Net SalesNET INVOICED SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsDOLLARS. With respect to sales of Products PRODUCTS invoiced in a currency other than United States dollarsDOLLARS, the gross sales, the Net Sales NET INVOICED SALES and royalties and sublicense fees payable shall be expressed in the domestic currency of the party PERSON making the sale together with the United States dollar DOLLAR equivalent of the royalty payable, . The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Eastern Edition, under the heading “Currency Trading”, on each of the last business day of each month in during the quarter prior to the date of paymentapplicable CALENDAR QUARTER. Reports shall be due on the thirtieth (30th) [**] day following the close of each quarter CALENDAR QUARTER. OSI, its AFFILIATES and payment shall be due on the date of such report. Allos its SUBLICENSEES shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales NET INVOICED SALES of each PRODUCT and to enable the royalties and sublicense fees payable hereunder under this AGREEMENT to be determined. Allos Notwithstanding any other provision of this Section 8.1, upon the election of NEKTAR AL made in writing not less than [**] days prior to any payment date, OSI shall be responsible for reporting pay all royalties owing to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying NEKTAR AL under this AGREEMENT with respect to Licensor one or more jurisdictions in the payments due pursuant to Article 3 hereofcurrency in which such royalties accrued, without conversion into DOLLARS.

Reports, Exchange Rates. During COMPANY shall notify NEKTAR AL in writing promptly upon the term FIRST COMMERCIAL SALE of this Agreement following SELECTED PRODUCT in each country. Commencing upon the First Commercial Sale FIRST COMMERCIAL SALE of a ProductSELECTED PRODUCT, Allos COMPANY shall furnish to Licensor NEKTAR AL a quarterly written report showing in reasonably specific detailshowing, on a country-by-country basis basis, according to the volume of units of SELECTED PRODUCT sold in each such country (by SKU) during the reporting period: (a) the gross invoiced sales of SELECTED PRODUCT sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted therefrom to determine NET SALES from such gross invoiced sales (including with specificity, if applicable, the customary trade and quantity discounts actually allowed and taken); the allowances actually given for returned SELECTED PRODUCT; the freight and insurance, if separately identified on the invoice; the government-mandated and other rebates customary in the industry; and the value added tax, sales, use or turnover taxes, excise taxes and customs duties included in the invoiced price); (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each ProductSELECTED PRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) the date of the FIRST COMMERCIAL SALE of SELECTED PRODUCT in each country during the reporting period; and (e) the amount of PARTNERING UPFRONT REVENUE payable by COMPANY during the reporting period, broken down by PARTNERING TRANSACTION. In the event that SELECTED PRODUCT ANTIDOTE of the SELECTED PRODUCT is sold separately or any COMBINATION PRODUCTS are sold in a particular calendar quarter, COMPANY shall also include in each quarterly written report such information necessary for NEKTAR AL to verify the last quarter calculation of each calendar year, the aggregate amount of royalties and sublicense fees accrued on the Net Sales during such calendar yeardue by COMPANY to NEKTAR AL under Section 7.2. With respect to sales of Products SELECTED PRODUCT invoiced in United States dollarsDOLLARS, the gross invoiced sales, the Net SalesNET SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsthe report in DOLLARS. With respect to sales of Products SELECTED PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the domestic report provided hereunder in the currency of the party making sale as well as in the sale together with the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading “Currency Trading,” on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due hereunder on the thirtieth sixtieth (30th60th) day following the close of each quarter and payment shall be due on the date of such report. Allos shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereofquarter.

Reports, Exchange Rates. During the term of this the Agreement following the First Commercial Sale of a Product, Allos Xxxxxxx-Xxxxx shall furnish to Licensor Ixsys a quarterly written report showing in reasonably specific detail, on a country-by-country basis by country basis, (a) the gross sales of each Product all Products sold by AllosXxxxxxx-Xxxxx, its Affiliates and its Permitted Sublicensees sublicensees in the Territory during the reporting period and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductProducts; (c) the withholding taxes, if any, required by law to be deducted in respect of such salessales (d) the date of the First Commercial Sales of each Product in each country in the Territory during the reporting period; and (de) for the last quarter exchange rates used in determining the amount of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearUnited States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA as published in London, England the United States in The Wall Street Journal under the caption "Currency Trading" on each of the last business day of each month in the quarter prior to the date of payment. Reports shall be due on the thirtieth sixtieth (30th60th) day following the close of each quarter and payment shall be due on the date of such reportquarter. Allos Xxxxxxx-Xxxxx shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a ProductSale, Allos LICENSEE shall furnish to Licensor LICENSOR, with respect to each Calendar Quarter, a quarterly written report showing in reasonably specific detail, on a country-by-country basis for the European Union, North America, and the rest of the Territory, respectively: (a) the gross sales of each Product PRODUCTS sold by AllosLICENSEE, its Affiliates and its Permitted Sublicensees Sub-licensees in the Territory during the reporting period corresponding Calendar Quarter and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductPRODUCTS; (c) the withholding taxes, if any, required by law to be deducted in respect of such salesroyalties; (d) the date of the First Commercial Sale of PRODUCTS having occurred in each country in the Territory during the corresponding Calendar Quarter; and (de) for the last quarter of each calendar year, exchange rates used in determining the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearroyalty amount expressed in United States dollars. With respect to sales (if any) of Products PRODUCTS invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States Sates dollars. With respect to sales of Products PRODUCTS invoiced in a currency other than United States Sates dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party invoice issued by the Party making the sale together with the United States dollar dollars equivalent of the royalty payable, calculated using the average closing buying rate of exchange published in the Wall Street Journal for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of paymentconcerned Calendar Quarter. Reports and payments shall be due on the thirtieth (30th) day following the close of each quarter and payment shall be due on the date of such report[***]. Allos LICENSEE shall keep complete and [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a ProductSale, Allos LICENSEE shall furnish to Licensor VRI, with respect to each Calendar Quarter, a quarterly written report showing in reasonably specific detail, on a country-by-country basis basis, (a) the gross sales of each Product PRODUCTS sold by AllosLICENSEE, its Affiliates Subsidiaries and its Permitted Sublicensees in the Territory during the reporting period corresponding Calendar Quarter and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductPRODUCTS; (c) the withholding taxes, if any, required by law to be deducted in respect of such salesroyalties; (d) the date of the First Commercial Sale of PRODUCTS having occurred in each country in the Territory during the corresponding Calendar Quarter; and (de) for the last quarter of each calendar year, exchange rates used in determining the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearroyalty amount expressed in United States dollars. With respect to sales (if any) of Products PRODUCTS invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States Sates dollars. With respect to sales of Products PRODUCTS invoiced in a currency other than United States Sates dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party invoice issued by the Party making the sale together with the United States dollar dollars equivalent of the royalty payable, calculated using the average closing buying rate of exchange published in the WALL STREET JOURNAL for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of paymentconcerned Calendar Quarter. Reports and payments shall be due on the thirtieth forty fifth (30th45th) day following the close of each quarter and payment shall be due on the date of such reportCalendar Quarter. Allos LICENSEE shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a ProductSale, Allos PMC shall furnish to Licensor CISTRON, with respect to each Calendar Quarter, a quarterly written report showing in reasonably specific detail, on a country-by-country basis basis, (a) the gross sales of each Product PRODUCTS sold by AllosPMC, its Affiliates and its Permitted Sublicensees in the Territory during the reporting period corresponding Calendar Quarter and the calculation of the Net Sales from such gross salessales ; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductPRODUCTS ; (c) the withholding taxes, if any, required by law to be deducted in respect of such salesroyalties ; and (d) for the last quarter date of the First Commercial Sale of PRODUCTS having occurred in each calendar year, country in the aggregate royalties Territory during the corresponding Calendar Quarter and sublicense fees accrued on (e) the Net Sales during such calendar yearexchange rates used in determining the royalty amount expressed in United States dollars. With respect to sales (if any) of Products PRODUCTS invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States Sates dollars. With respect to sales of Products PRODUCTS invoiced in a currency other than United States Sates dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party invoice issued by the Party making the sale together with the United States dollar dollars equivalent of the royalty payable, calculated using the average closing buying rate of exchange published in the Wall Street Journal for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of paymentconcerned Calendar Quarter. Reports and payments shall be due on the thirtieth forty fifth (30th45th) day following the close of each quarter and payment shall be due on the date of such reportCalendar Quarter. Allos PMC shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a ProductSale, Allos LICENSEE shall furnish to Licensor VRI, with respect to each Calendar Quarter, a quarterly written report showing in reasonably specific detail, on a country-by-country basis basis, (a) the gross sales of each Product PRODUCTS sold by AllosLICENSEE, its Affiliates Subsidiaries and its Permitted Sublicensees in the Territory during the reporting period corresponding Calendar Quarter and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductPRODUCTS; (c) the withholding taxes, if any, required by law to be deducted in respect of such salesroyalties; (d) the date of the First Commercial Sale of PRODUCTS having occurred in each country in the Territory during the corresponding Calendar Quarter; and (de) for the last quarter of each calendar year, exchange rates used in determining the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearroyalty amount expressed in United States dollars. With respect to sales (if any) of Products PRODUCTS invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States Sates dollars. With respect to sales of Products PRODUCTS invoiced in a currency other than United States Sates dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party invoice issued by the Party making the sale together with the United States dollar dollars equivalent of the royalty payable, calculated using the average closing buying rate of exchange published in the WALL STREET JOURNAL for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of paymentconcerned Calendar Quarter. Reports and payments shall be due on the thirtieth forty fifth (30th45th) day following the close of each quarter and payment shall be due on the date of such reportCalendar Quarter. Allos LICENSEE shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates /*/ Confidential material omitted and Permitted Sublicensees filed separately with the Securities and for paying to Licensor the payments due pursuant to Article 3 hereofExchange Commission.

Reports, Exchange Rates. UP shall notify AltaRex in writing promptly upon the First Commercial Sale of a Product by UP, its Affiliates or its sublicensees. During the term of this Agreement following the First Commercial Sale of a Product, Allos UP shall furnish to Licensor AltaRex a quarterly written report showing in reasonably specific detail, on a country-by-country basis by country basis: (ai) the gross sales of each Product sold by AllosUP, its Affiliates and its Permitted Sublicensees in the Territory sublicensees during the reporting period and the calculation of the Net Sales from such gross sales; (bii) the royalties and sublicense fees payable in United States dollarsDollars, if any, which shall have accrued hereunder based upon the Net Sales of each Product; (ciii) the withholding taxes, if any, required by law to be deducted in respect of such sales; (iv) the date of the First Commercial Sales of each Product in each country during the reporting period; and (dv) for the last quarter exchange rates used in determining the amount of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearDollars. With respect to sales of Products invoiced in United States dollarsDollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollarsDollars. With respect to sales of Products invoiced in a currency other than United States dollarsDollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar Dollar equivalent of the royalty payable, . The Dollar equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading “Currency Trading,” on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due on the thirtieth sixtieth (30th60th) day following the close of each quarter quarter. UP, its Affiliates and payment shall be due on the date of such report. Allos its sublicensees shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this the Agreement following the First Commercial Sale FIRST COMMERCIAL SALE of a ProductPRODUCT, Allos SB shall furnish to Licensor LIGAND a quarterly written report for each calendar quarter showing in reasonably specific detail, on a country-by-country basis by country basis, (a) the gross sales of each Product all PRODUCTS sold by Allos, its Affiliates SB and its Permitted Sublicensees sublicensees in the Territory TERRITORY during the reporting period and the calculation of the Net Sales NET SALES from such gross sales; (b) the royalties and sublicense fees payable in United States U.S. dollars, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each ProductPRODUCTS; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d) the dates of the FIRST COMMERCIAL SALES of any PRODUCTS in any country in the TERRITORY during the reporting period; and (e) the exchange rates ***Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the last quarter Commission. used in determining the amount of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar year. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States U.S. dollars. With respect to sales of Products PRODUCTS invoiced in U.S. dollars, the gross sales, NET SALES, and royalties payable shall be expressed in U.S. dollars. With respect to sales of PRODUCTS invoiced in a currency other than United States U.S. dollars, the gross sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States U.S. dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$U.S. $1) by Bank of America NT&SA in London*** , England on each of the last business day of each month or, in the quarter prior to the date absence of paymentquoted exchange rates from *** , a comparable bank or financial institution, *** . Reports shall be due on the thirtieth sixtieth (30th60th) day following the close of each quarter and payment calendar quarter. The royalty report shall be due on also state separately the date amount of such reportthe notional NET SALES upon which the royalty is calculated attributed to notional NET SALES calculated as required under Section 1.24. Allos SB shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales NET SALES and to enable the royalties and sublicense fees payable hereunder to be determined. Allos The payment of the calculated quarterly royalty shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor accompany the payments due pursuant to Article 3 hereofroyalty report.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a the first form of Product, Allos WFHC shall for each calendar quarter furnish to Licensor a quarterly written Fourxxxx x xritten report showing in reasonably specific detail, on a country-by-country basis (ai) the gross sales by value and volume of each form of Product sold by Allos, its Affiliates WFHC and its Permitted Sublicensees Affiliates, sublicensees and Distributors in the Territory during the reporting period that calendar quarter and the detailed calculation of the Net Sales from such gross sales; (bii) the royalties and sublicense fees the Product price (including reconciliation adjustments) payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales in respect of each Productsuch sales; (ciii) the withholding taxes, if any, required by law to be deducted in respect of such sales, provided that WFHC will take reasonable action to seek to minimize any withholding taxes payable by Fourxxxx xxx provided further that WFHC shall secure proof of payment of such taxes and provide Fourxxxx xxxh appropriate receipts so that Fourxxxx xxx credit such taxes against its own income tax according to the applicable international tax convention; (iv) the date of the First Commercial Sale of any Product in the Territory during the reporting period; and (dv) the exchange rates used in determining the amount of United States dollars payable, where conversion is necessary according to the provisions hereof. The conversion of euro to United States dollars shall be made at the average of the rate published in the Wall Street Journal for the close of business in New York for the last quarter of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar year. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency thirty (30) days of the party making calendar quarter for which the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of paymentpayments are set. Reports shall be due on the thirtieth forty-fifth (30th45th) day following the close of each quarter and payment respective calendar quarter. If no royalty is due for any royalty period hereunder, WFHC shall be due on the date of such so report. Allos WFHC shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees prices payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a ProductLicensed Product by NOVARTIS, Allos its Affiliates or (sub)licensees, NOVARTIS shall furnish to Licensor TREGA a quarterly written report showing in reasonably specific reasonable detail, on a country-by-country basis by country basis, (a) the gross sales of each Product all Licensed Products sold by AllosNOVARTIS, its Affiliates and its Permitted Sublicensees in the Territory (sub)licensees during the reporting period and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, dollars which shall have accrued hereunder based upon the Net Sales of each ProductLicensed Products; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d) for the last quarter date of the First Commercial Sales of each calendar year, Licensed Product in each country during the aggregate royalties reporting period; and sublicense fees accrued on (e) the Net Sales during such calendar yearexchange rates used in determining the amount of United States dollars. With respect to sales of Licensed Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Licensed Products invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England England, or its successor, on each of the last business day of each month in the quarter prior to the date of payment. Reports shall be due on the thirtieth sixtieth (30th60th) day following the close of each quarter and payment shall be due on the date of such reportquarter. Allos NOVARTIS shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During COMPANY shall notify NEKTAR AL in writing promptly upon the term FIRST COMMERCIAL SALE of this Agreement following SELECTED PRODUCT in each country. Commencing upon the First Commercial Sale FIRST COMMERCIAL SALE of a ProductSELECTED PRODUCT, Allos COMPANY shall furnish to Licensor ---------- *** Portions of this page have been omitted pursuant to a Request for Confidential Treatment filed separately with the SEC. NEKTAR AL with respect to NET SALES of SELECTED PRODUCT for which royalties are payable under this AGREEMENT a quarterly written report showing in reasonably specific detailshowing, on a country-by-country basis basis, according to the volume of units of SELECTED PRODUCT sold in each such country during the reporting period: (a) the gross invoiced sales of the SELECTED PRODUCT subject to royalty sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted therefrom to determine NET SALES from such gross salesinvoiced sales detailed in accordance with those deductions provided for in the definition of NET SALES; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each ProductSELECTED PRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) for the last quarter date of the FIRST COMMERCIAL SALE of SELECTED PRODUCT in each calendar year, country during the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearreporting period. With respect to sales of Products SELECTED PRODUCT invoiced in United States dollarsDOLLARS, the gross invoiced sales, the Net SalesNET SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsthe report in DOLLARS. With respect to sales of Products SELECTED PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the report provided hereunder in the domestic currency of the party making the sale together with as well as in the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading "Currency Trading," on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due hereunder on the thirtieth (30th) day following the close of each quarter and payment shall be due on the date of such report. Allos shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereofquarter.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a Product(A) Commencing in 2000, Allos Automedics shall furnish to Licensor Gensia Sicor a quarterly written report showing in reasonably specific detail, on a countryproduct-by-country basis product basis, (a1) the gross sales of each Product all products sold by AllosAutomedics, its Affiliates and its Permitted Sublicensees in the Territory (sub)licensees during the reporting period and the calculation of the Net Sales from such gross salestherefrom; (b2) the royalties and sublicense fees payable in United States dollarsroyalties, if any, which shall have accrued hereunder based upon the such Net Sales of each ProductSales; (c3) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d4) for the last quarter of each calendar yearexchange rates used in translating into United States dollars the gross sales, the aggregate royalties and sublicense fees accrued on the Net Sales and royalties for gross sales invoiced in currency other than United States dollars. (B) Through the earlier of the date of the termination of the LMA Services Agreement or December 31, 2000, Automedics shall furnish to Gensia Sicor a quarterly written report showing in reasonably specific detail, (1) the gross revenues actually received by Automedics or its Affiliates pursuant to the LMA Services Agreement during such calendar year. year through the end of such calendar quarter; (2) the calculation of the LMA EBIT for such calendar quarter; and (3) the royalties, if any, which shall have accrued hereunder based upon the LMA EBIT for such calendar quarter. (C) With respect to sales of Products products invoiced in United States dollars, the gross sales, the Net Sales, Sales and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products products invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar equivalent of the royalty payableequivalent, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of payment. . (D) Reports shall be due on the thirtieth sixtieth (30th60th) day following the close of each quarter and payment shall be due on the date of such reportquarter. Allos Automedics shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During COMPANY shall notify NEKTAR AL in writing promptly upon the term FIRST COMMERCIAL SALE of this Agreement following the First Commercial Sale SELECTED PRODUCT in each country. Commencing upon the FIRST COMMERCIAL SALE of a Productthe SELECTED PRODUCT, Allos COMPANY shall furnish to Licensor NEKTAR AL a quarterly written report showing in reasonably specific detail, on a country-by-country basis basis: (a) the gross invoiced sales of the SELECTED PRODUCT sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted therefrom to determine NET SALES from such gross invoiced sales; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each Productthe SELECTED PRODUCT and the estimated applicable royalty rate; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) the date of the FIRST COMMERCIAL SALE of the SELECTED PRODUCT in each country during the reporting period. With respect to sales of the SELECTED PRODUCT invoiced in DOLLARS, the gross invoiced sales, NET SALES, and royalties payable shall be expressed in the report in DOLLARS. The final quarterly report for each year will report where applicable, the last difference, if any, between the royalty amounts paid by COMPANY in the previous three (3) quarters based on the estimated royalty rates, and the actual royalty amounts due in such quarters based on the actual royalty rates as determined by aggregate worldwide NET SALES of SELECTED PRODUCT during such year. The amount of any shortfall shall be paid with, and the amount of any excess shall be credited against, the amount due for this fourth (4th) quarter of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar year. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products SELECTED PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the report provided hereunder in the domestic currency of the party making the sale together with as well as in the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading "Currency Trading", on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports for the first three (3) quarters shall be due hereunder on the [*] day following the close of such quarter. The final report for each calendar year shall be due on the thirtieth (30th) [*] day following the close of each quarter the fourth and payment shall be due on the date of such report. Allos shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereoffinal quarter.

Reports, Exchange Rates. During the term of this the Agreement following ----------------------- the First Commercial Sale of a ProductLicensed Product or Licensed Method, Allos UroGen shall furnish to Licensor IRC a quarterly written report showing in reasonably specific detail, on a country-by-country basis by country basis, (a) the gross sales of each Licensed Product or Licensed Method sold by AllosUroGen, its Affiliates and its Permitted Sublicensees in the Territory sublicensees during the reporting period and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductLicensed Product or Licensed Method; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d) for the last quarter date of the First Commercial Sales of each calendar yearLicensed Product or Licensed Method in each country during the reporting period; (e) the exchange rates used in determining the amount of United States dollars; and (f) the number of jobs created or maintained to support further development, manufacture, sales and service of Licensed Products or the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearpractice of Licensed Methods. With respect to sales of Licensed Products and Licensed Methods invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Licensed Products and Licensed Methods invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England on each of the last business day of each month in the quarter prior to the date of payment. Reports shall be due on the thirtieth forty fifth (30th45th) day following the close of each quarter and payment shall be due on the date of such reportquarter. Allos UroGen shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During COMPANY shall notify NEKTAR AL in writing promptly upon the term FIRST COMMERCIAL SALE of this Agreement following the First Commercial Sale SELECTED PRODUCT in each country. Commencing upon the FIRST COMMERCIAL SALE of a Productthe SELECTED PRODUCT, Allos COMPANY shall furnish to Licensor NEKTAR AL a quarterly written report showing in reasonably specific detail, on a country-by-country basis basis: (a) the gross invoiced sales of the SELECTED PRODUCT sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted therefrom to determine NET SALES from such gross invoiced sales; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each Productthe SELECTED PRODUCT and the estimated applicable royalty rate; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) the date of the FIRST COMMERCIAL SALE of the SELECTED PRODUCT in each country during the reporting period. With respect to sales of the SELECTED PRODUCT invoiced in DOLLARS, the gross invoiced sales, NET SALES, and royalties payable shall be expressed in the report in DOLLARS. The final quarterly report for each year will report where applicable, the last difference, if any, between the royalty amounts paid by COMPANY in the previous three (3) quarters based on the estimated royalty rates, and the actual royalty amounts due in such quarters based on the actual royalty rates as determined by aggregate worldwide NET SALES of SELECTED PRODUCT during such year. The amount of any shortfall shall be paid with, and the amount of any excess shall be credited against, the amount due for this fourth (4th) quarter of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar year. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products SELECTED PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the report provided hereunder in the domestic currency of the party making the sale together with as well as in the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading "Currency Trading", on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports for the first three (3) quarters shall be due hereunder on the thirtieth sixtieth (30th60th) day following the close of such quarter. The final report for each quarter and payment calendar year shall be due on the date ninetieth (90th) day following the close of such report. Allos shall keep complete the fourth and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereoffinal quarter.

Reports, Exchange Rates. During XXXXXX shall keep LIPOXEN fully informed about the term progress of this Agreement following its development of any and all POTENTIAL PRODUCTS and COMMERCIAL PRODUCTS and XXXXXX shall immediately notify LIPOXEN in writing as soon as any of the First Commercial Sale MILESTONE EVENTS have been reached. XXXXXX shall notify LIPOXEN in writing promptly upon the FIRST COMMERCIAL SALE of each COMMERCIAL PRODUCT in each country in which XXXXXX elects to pursue commercialization. Commencing upon the FIRST COMMERCIAL SALE of a ProductCOMMERCIAL PRODUCT, Allos XXXXXX shall furnish to Licensor LIPOXEN a quarterly written report showing in reasonably specific detail(per QUARTER) showing, on a country-by-country basis basis, according to the volume of units of such COMMERCIAL PRODUCT sold in each such country (by SKU) during the reporting period: (a) the gross invoiced sales of the COMMERCIAL PRODUCT sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted there from to determine NET SALES from such gross invoiced sales; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each Productthe COMMERCIAL PRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) for the last quarter date of the FIRST COMMERCIAL SALE of the COMMERCIAL PRODUCT in each calendar year, country during the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearreporting period. With respect to sales of Products COMMERCIAL PRODUCT invoiced in United States dollarsDOLLARS, the gross invoiced sales, the Net SalesNET SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsthe report in DOLLARS. With respect to sales of Products COMMERCIAL PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the report provided hereunder in the domestic currency of the party PARTY making the sale together with as well as in the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading "Currency Trading," on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due on the thirtieth hereunder forty-five (30th45) day days following the close of each quarter QUARTER and payment shall be due on the date CONFIDENTIAL INFORMATION of such report. Allos shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereofXXXXXX.

Reports, Exchange Rates. During the term of this Agreement following ----------------------- the First Commercial Sale of a Product, Allos Sankyo shall furnish to Licensor Gensia Sicor a written quarterly written report showing in reasonably specific detailshowing, on a country-by-country basis by country basis, (ai) the gross sales of each Product all Products sold by Allos, its Affiliates Sankyo and its Permitted Sublicensees sublicensees in the Territory during the reporting period and the calculation of the Net Sales from such gross sales; (bii) the royalties and sublicense fees payable in United States U.S. dollars, if any, which shall have accrued hereunder based upon the Net Sales in respect of each Productsuch sales; (ciii) the withholding taxes, if any, required by law to be deducted in respect of such salesroyalties, provided that Sankyo will take -------- reasonable action to seek to minimize any such withholding taxes; (iv) the dates of the First Commercial Sales of any Products in any country in the Territory during the reporting period; and (dv) for the last quarter exchange rates used in determining the amount of each calendar year, the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar year. With respect to sales of Products invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to For sales which took place outside of Products invoiced in a currency other than the United States dollarsStates, its territories and possessions, the gross sales, the Net Sales and royalties and sublicense fees payable royalty obligation of Sankyo shall be expressed determined on the basis of Sankyo's monthly standard account of sales which shall be interpreted as representing the result of conversion of all local currency sales to U.S. Dollars at the rate equal to the average of the rate published in the domestic currency London Times for the close of the party making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted business in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England London on each of the last ----- business day of each month in of the three (3) months of the calendar quarter prior to for which the date of paymentpayments are reported. Reports shall be due on the thirtieth thirty-fifth (30th35th) day following the close of each quarter and payment respective quarter. If no royalty is due for any royalty period hereunder, Sankyo shall be due on the date of such so report. Allos Sankyo shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During COMPANY shall notify NEKTAR AL in writing promptly upon the term FIRST COMMERCIAL SALE of this Agreement following SELECTED PRODUCT in each country. Commencing upon the First Commercial Sale FIRST COMMERCIAL SALE of a ProductSELECTED PRODUCT and continuing during the ROYALTY TERM, Allos COMPANY shall furnish to Licensor NEKTAR AL a quarterly written report showing in reasonably specific detailshowing, on a country-by-country basis basis, according to the volume of units of SELECTED PRODUCT sold in each such country (by SKU) during the reporting period: (a) the gross invoiced sales of SELECTED PRODUCT sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted therefrom to determine NET SALES from such gross salesinvoiced sales detailed in accordance with those deductions provided for in the definition of NET SALES; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each ProductSELECTED PRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) for the last quarter date of the FIRST COMMERCIAL SALE of SELECTED PRODUCT in each calendar year, country during the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearreporting period. With respect to sales of Products SELECTED PRODUCT invoiced in United States dollarsDOLLARS, the gross invoiced sales, the Net SalesNET SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsthe report in DOLLARS. With respect to sales of Products SELECTED PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the report provided hereunder in the domestic currency of the party making the sale together with as well as in the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading “Currency Trading,” on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due hereunder on the thirtieth sixtieth (30th60th) day following the close of each quarter and payment shall be due on the date of such report. Allos shall keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereofquarter.

Reports, Exchange Rates. During the term of this Agreement following the First Commercial Sale of a ProductLicensed Use, Allos LICENSEE shall furnish to Licensor LICENSOR a quarterly written report showing in reasonably specific detail, on a country-by-country basis (a) the gross sales of each Product Licensed Use sold by Allos, LICENSEE and its Affiliates and its Permitted Sublicensees in the Territory during the reporting period and the calculation of the Net Sales from such gross sales; (b) the royalties and sublicense fees payable in United States dollars, if any, which shall have accrued hereunder based upon the Net Sales of each ProductLicensed Use; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; and (d) for the last quarter date of the First Commercial Sales of each calendar year, Licensed Use in each country during the aggregate royalties reporting period; and sublicense fees accrued on (e) the Net Sales during such calendar yearexchange rates used in determining the amount of United States dollars. With respect to sales of Products Licensed Uses invoiced in United States dollars, the gross sales, the Net Sales, and royalties and sublicense fees payable shall be expressed in United States dollars. With respect to sales of Products Licensed Uses invoiced in a currency other than United States dollars, the gross sales, the Net Sales and royalties and sublicense fees payable shall be expressed in the domestic currency of the party Person making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by Bank of America NT&SA in London, England the Wall Street Journal on each of the last business day of each month in the calendar quarter prior to the date of payment. Reports shall be due on the thirtieth sixtieth (30th60th) day following the close of each quarter reporting period. LICENSEE shall keep and payment shall be due on the date of such report. Allos shall require its Affiliates to keep complete and accurate records in sufficient detail to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereof.

Reports, Exchange Rates. During XXXXXX shall notify NEKTAR AL in writing promptly upon the term FIRST COMMERCIAL SALE of this Agreement following each COMMERCIAL PRODUCT in each country in which XXXXXX elects to pursue commercialization. Commencing upon the First Commercial Sale FIRST COMMERCIAL SALE of a ProductCOMMERCIAL PRODUCT, Allos XXXXXX shall furnish to Licensor NEKTAR AL a quarterly written report showing in reasonably specific detail[***] showing, on a country-by-country basis basis, according to the volume of units of such COMMERCIAL PRODUCT sold in each such country (by SKU) during the reporting period: (a) the gross invoiced sales of the COMMERCIAL PRODUCT sold in each Product sold by Allos, its Affiliates and its Permitted Sublicensees in the Territory country during the reporting period period, and the calculation of the Net Sales amounts deducted therefrom to determine NET SALES from such gross salesinvoiced sales detailed in accordance with those deductions provided for in the definition of NET SALES; (b) the royalties and sublicense fees payable in United States dollarsDOLLARS, if any, which shall have accrued hereunder based upon the Net Sales NET SALES of each Productthe COMMERCIAL PRODUCT; (c) the withholding taxes, if any, required by law LAW to be deducted in respect of such sales; and (d) for the last quarter date of the FIRST COMMERCIAL SALE of the COMMERCIAL PRODUCT in each calendar year, country during the aggregate royalties and sublicense fees accrued on the Net Sales during such calendar yearreporting period. With respect to sales of Products COMMERCIAL PRODUCT invoiced in United States dollarsDOLLARS, the gross invoiced sales, the Net SalesNET SALES, and royalties and sublicense fees payable shall be expressed in United States dollarsthe report in DOLLARS. With respect to sales of Products COMMERCIAL PRODUCT invoiced in a currency other than United States dollarsDOLLARS, the gross invoiced sales, the Net Sales NET SALES and royalties and sublicense fees payable shall be expressed in the report provided hereunder in the domestic currency of the party PARTY making the sale together with as well as in the United States dollar DOLLAR equivalent of the royalty payable, payable and the exchange rate used in determining the amount of DOLLARS. The DOLLAR equivalent shall be calculated using the average closing buying exchange rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1DOLLAR) by Bank of America NT&SA published in LondonThe Wall Street Journal, England Western Edition, under the heading “Currency Trading,” on each of the last business day of each month in during the quarter prior to the date of paymentapplicable calendar quarter. Reports shall be due hereunder on the thirtieth forty-fifth (30th45th) day following the close of each quarter calendar quarter. [***] indicates that certain information contained herein has been omitted and payment shall be due on filed separately with the date of such reportSecurities and Exchange Commission. Allos shall keep complete and accurate records in sufficient detail Confidential treatment has been requested with respect to properly reflect all gross sales and the Net Sales and to enable the royalties and sublicense fees payable hereunder to be determined. Allos shall be responsible for reporting to Licensor regarding all Products sold by Affiliates and Permitted Sublicensees and for paying to Licensor the payments due pursuant to Article 3 hereofomitted portions.