Results of Audit. If Tenant's inspection or audit reveals an overcharge to Tenant of the greater of (i) more than five percent of the annual Expense Allocation, and (ii) $1,500.00, then Landlord shall reimburse Tenant for up to $5,000.00 of the reasonable costs of such audit or inspection within thirty days of receipt of a reasonably detailed invoice therefor. Landlord shall refund to Tenant any overpayment of Expense Allocation, and Tenant shall pay to Landlord any underpayment of Expense Allocation as revealed by such audit or inspection within thirty days after notification thereof, and in each instance together with interest at the annual rate of the Prime Rate plus three percent.
Results of Audit. If the audit of KIA establishes a deficiency in the Net Smelter Returns Royalty payments for any calendar year, KIA shall provide to AEM, within three (3) months of its receipt, a copy of the audit together with supporting documents as reasonably requested by AEM, following which AEM shall have a period of sixty (60) days to either make the payment of or dispute such deficiency pursuant to section 7 of this Royalty Agreement. Interest shall accrue at the Interest Rate on any deficiency for any calendar quarter as of its due date until date of payment.
Results of Audit. If an Audit Report shows that the Audited Party underpaid or failed to pay any amount due to the Auditing Party, then the Audited Party will pay to the Auditing Party the amount of such underpayment or non-payment. Such payment shall be made within [***] ([***]) days after the Audited Party’s receipt of the Audit Report. If an Audit Report shows that Company overstated or otherwise misreported any information relating to Calls and Details, then Xxxxxxx shall be entitled to exercise any rights and seek any remedies it would have had if such information had been accurately reported. If the Audited Party disagrees with the findings of the Audit Report, the Parties will first seek to resolve the matter between themselves, and in the event they fail to reach agreement the dispute resolution provisions outlined in Article XIII shall be followed to resolve the dispute. Any unpaid Service Fees or Milestone Payments finally determined by such resolution to be payable shall be paid within [***] ([***]) days after such final resolution. If an Audit Report shows any overpayment by either Party, such Party will be entitled to receive, at its option, either a refund of such overpayment or a credit equal to such overpayment against the amounts otherwise payable by such Party to the other Party under this Agreement.
Results of Audit. If the accounting firm concludes that ---------------- additional royalties were owed during the audited period, ICOS shall have the option to invoke the proceedings of Section 13 or pay the additional royalties within [ * ] of the date Abbott delivers to ICOS such accounting firm's written report so concluding. The fees charged by such accounting firm shall be paid by Abbott; provided, however, if the audit discloses that the royalties payable by ICOS for the audited period are more than [ * ] of the royalties actually paid for such period, then ICOS shall pay the reasonable fees and expenses charged by the accounting firm.
Results of Audit. If Tenant’s inspection or audit reveals an overcharge to Tenant of the greater of (i) more than three percent (3%) of the annual Expense Allocation, and (ii) $1,500.00, then Landlord shall reimburse Tenant for up to $5,000.00 of the reasonable costs of such audit or inspection within thirty days of receipt of a reasonably detailed invoice therefor. Regardless of the magnitude of any overcharge or underpayment revealed by any such audit, Landlord shall refund to Tenant any overpayment of Expense Allocation, and Tenant shall pay to Landlord any underpayment of Expense Allocation as revealed by such audit or inspection within thirty (30) days after notification thereof, and in each instance together with interest at the annual rate of the Prime Rate plus three percent.
Results of Audit. Upon the conclusion of any audit, the auditor shall make its report available to the Client and the Consultant. If that report reveals failure on the part of the Consultant to comply with any of its obligations, the Consultant shall at its own cost promptly take such steps necessary to remedy or mitigate the effect of those failures. If an audit establishes that the Consultant is in material breach of this Agreement, or has acted negligently or fraudulently in the performance of any of the Services, the Client’s reasonable costs of performing the audit will be met by the Consultant. In all other cases the Consultant will not be liable for any costs incurred by the Client in performing the audit. If an audit fails to establish that the Consultant is in material breach of this Agreement, or has acted negligently or fraudulently in the performance of any of the Services, the Client will pay the Consultant’s reasonable costs resulting from the performance of the audit. If the Consultant disputes any findings in the auditor’s report such dispute will be resolved in accordance with clause 10 of the Agreement and the liability for costs incurred by the Consultant as a consequence of meeting its obligation to remedy or mitigate the effects of such failures will be determined in the same dispute resolution process.
Results of Audit. (a) If such accounting firm concludes that during a Pricing Period commencing prior to the first anniversary of the First Commercial Sale, quantities of BNP Assays were purchased at the Foreign Purchase Price but were sold or otherwise transferred to end user customers located within the U.S. or otherwise used or disposed of by Biosite, its Affiliates or authorized distributors within the U.S., or if such accounting firm is unable to reasonably determine where BNP Assays purchased at the Foreign Purchase Price were sold or transferred or disposed of, Biosite shall pay the difference between the applicable U.S. Purchase Price and Foreign Purchase Price for all such quantities [***] within[***] of the date Xxxxxxx delivers to Biosite such accounting firm’s written report so concluding.
(b) If such accounting firm concludes that during a Pricing Period commencing prior to the first anniversary of the First Commercial Sale, quantities of BNP Assays were purchased at the U.S. Purchase Price but were sold or otherwise transferred to end user customers located outside the U.S. or otherwise used or disposed of by Biosite, its Affiliates or authorized distributors outside the U.S., following the date of such accounting firm’s written report so concluding, Biosite shall have the right to offset such amount against amounts then currently due Xxxxxxx hereunder, or if there are no such amounts currently due and/or after such amounts currently due have been fully offset, against future amounts due Xxxxxxx hereunder until all such amounts described in such report are fully offset.
(c) If such accounting firm concludes that during a Pricing Period commencing after the first anniversary of the First Commercial Sale, additional amounts were owed by Biosite to Xxxxxxx due to the actual Worldwide Purchase Price being greater than the Worldwide Purchase Price Biosite provided to Xxxxxxx under Section 6.1.6 for such Pricing Period, Biosite shall pay such additional amounts [***] within [***] of the date Xxxxxxx delivers to Biosite such accounting firm’s written report so concluding.
(d) If such accounting firm concludes that during a Pricing Period commencing after the first anniversary of the First Commercial Sale, Biosite paid to Xxxxxxx amounts in excess of that owing to Xxxxxxx due to the actual Worldwide Purchase Price being less than the Worldwide Purchase Price Biosite provided to Xxxxxxx under Section 6.1.6 for such Pricing Period, following the date of such accounting ...
Results of Audit. If such accounting firm concludes that during the audited period the Payee invoiced the Payor amounts greater than the applicable [***], the Payee shall refund to the Payor the difference between the amounts actually received by Payee and the applicable reasonable fully-burdened cost within [***] of the date the Payor delivers to the Payee such accounting firm’s written report so concluding. The fees charged by such accounting firm shall be paid by the Payor; provided, however, if the audit discloses that such difference payable by the Payee for such period are more than [***] of the amounts actually paid by the Payor for such period, then the Payee shall pay the reasonable fees and expenses charged by such accounting firm.
Results of Audit. If any report reveals that Licensee’s use of the Software exceeds the use permitted under this Agreement, Licensee shall promptly remedy the non-compliance by terminating all non-permitted use, remitting all amounts due for such use based on current pricing as set forth in this Agreement, or such other resolution as the parties may mutually agree.
Results of Audit. Following any audit, CONTRACTOR will, upon Citi’s request, meet with Citi to review the audit report and discuss any changes suggested by the report, If an audit conducted under Section 19.8(Audits) identifies a bona fide problem, that in Citi’s reasonable opinion, presents a material risk of breach of CONTRACTOR’s obligations or representations under the Prime Contract or any Work Order, then, at Citi’s request, CONTRACTOR will promptly correct all problems at no cost or charge to Citi and/or ML. 19.9. RESERVED 20. RESERVED
