Common use of Right to Documentation Clause in Contracts

Right to Documentation. (a) Upon request, Accentia shall have the right to request reasonable documentation of Biovest’s calculations to determine Biovest’s Net Sales and/or License Revenue and to request discussion of such calculations with appropriate representatives of Biovest. (b) Within ten (10) business days following the execution and delivery of any license agreement between any Licensee and Biovest, Biovest shall deliver to Accentia a true, complete and fully executed copy of such license agreement. (c) Within ten (10) business days following the receipt by Biovest of any financial reporting documentation pursuant to any license agreement between Biovest and a Licensee, Biovest shall deliver to Accentia true and complete copies of such financial reporting documentation.” g) Section 4.3 of the Royalty Agreement shall be amended and restated in its entirety to read as follows:

Right to Documentation. (a) Upon request, Accentia Valens US shall have the right to request reasonable documentation of Biovest’s calculations to determine Biovest’s Net Sales and/or License Revenue and to request discussion of such calculations with appropriate representatives of Biovest. (b) Within ten (10) business days following the execution and delivery of any license agreement between any Licensee and Biovest, Biovest shall deliver to Accentia Valens US a true, complete and fully executed copy of such license agreement. (c) Within ten (10) business days following the receipt by Biovest of any financial reporting documentation pursuant to any license agreement between Biovest and a Licensee, Biovest shall deliver to Accentia Valens US true and complete copies of such financial reporting documentation.” g) Section 4.3 of the Royalty Agreement shall be amended and restated in its entirety to read as follows: