ROYALTIES AND ACCOUNTING. 4.1 LICENSEE shall pay royalties and fees at rates and under terms set forth in Schedule II attached to and made a part of this License Agreement.
4.2 LICENSEE shall keep such accurate, complete and detailed records and accounts of all TGP, THGP and TGPS operations conducted at the Plant by LICENSEE as may be necessary to determine the royalties and fees payable by LICENSEE hereunder. LICENSEE further agrees that TEXACO DEVELOPMENT, through its representatives who are authorized by TEXACO DEVELOPMENT in writing, may, during business hours and upon providing LICENSEE with reasonable advance notice, make such examinations of LICENSEE’s TGP, THGP and TGPS operations and such examinations and copies of such records and accounts as may be necessary to verify the royalties and fees contemplated hereunder, as well as all other information LICENSEE is required to report to TEXACO DEVELOPMENT under Section 4 of this License Agreement.
4.3 LICENSEE shall render to TEXACO DEVELOPMENT annual statements in a form acceptable to TEXACO DEVELOPMENT, on or before the first day of March of each year, with respect to all TGP, THGP and TGPS operations conducted by LICENSEE during the preceding twelve (12) calendar months, but reported as six (6) calendar month accounting periods ending on the last day of December and the last day of June, respectively, and which statement shall contain the following information:
4.3.1 The total Daily Average Output from the Gasification section of the Plant for all operations conducted by LICENSEE during the accounting periods;
4.3.2 The excess (in daily averages), if any, of the total Daily Average Output from the Gasification section of the Plant reported under Subparagraph 4.3.1 above, over the total Daily Average Output for all operations conducted by LICENSEE for which paid-up capacity has been theretofore purchased by LICENSEE under this License Agreement;
4.3.3 The total Output from the Gasification section of the Plant for all operations conducted by LICENSEE during the accounting periods;
4.3.4 The total Output from the Gasification section of the Plant that is allocated for THGP operations and TGPS operations, respectively; and
4.3.5 The total Gasifier Feed to the Gasification section of the Plant for all operations conducted by LICENSEE during the accounting periods, including a report of the relative amount of each component of the total feed, i.e., the amount of petroleum coke, coal, and the by- product feeds contemplated in Para...
ROYALTIES AND ACCOUNTING. 49
8.1 Royalty Payments to Aspreva.............................. 49 [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. TABLE OF CONTENTS (CONTINUED)
ROYALTIES AND ACCOUNTING. Microsoft may elect, in its sole discretion, to charge a royalty or other fee to Persons who wish to distribute copies of the Port Deliverables and/or derivative works thereof for the Linux Platform. Microsoft agrees that it will not charge Corel more than any other Person for such rights. Corel is obligated to request information about any applicable royalties and/or fees prior to the time that it distributes any Products that include copies of the Port Deliverables and/or derivative works thereof. Corel agrees to provide Microsoft with a full and complete accounting for all applicable royalties and/or fees on not less than a quarterly basis. Corel shall comply with the provisions governing taxes set forth in the VBA Agreement in connection with its obligations under this Section. Corel also agrees that Microsoft may request an independent accounting of royalties and/or fees paid by pursuant to this Section and the rules governing an audit set forth in the VBA Agreement on ten (10) days' advance written notice to Corel.
ROYALTIES AND ACCOUNTING. (a) The Publisher will pay the Editor a royalty of 10% of net sales revenues on the first 201-300 copies sold and paid for; 12% on the next 301-500 copies sold; and 15% on all copies sold thereafter. Revenues from the first 200 sales are used to partially offset production and advertising costs. Royalties are not paid on copies purchased by the Editor at the special discount rate described in paragraph 12. Royalties will be allocated evenly in the event of any co-editors, unless otherwise agreed upon in writing. In addition, should the Work be included in any reference collection, the same royalty will be paid on a proportionate basis, whether the sale be via digital means or any other publishing platform, such as DVD, CD-ROM, etc.
(b) The Publisher will pay the Editor 25% of the net amounts received by the Publisher from any licenses of subsidiary rights in, or grants of permission for use of, the Work.
(c) An annual accounting of sales of the Work as of each December 31 shall be made by the Publisher after March of the following year. Royalty statements will be followed by corresponding payments within the same calendar year, except that when royalties due are less than $100, they will be cumulated until $100 is exceeded, at which time payment shall be made.
ROYALTIES AND ACCOUNTING. 3.1 Each licensee of a royalty bearing license set forth in Article II shall pay the licensor of such royalty bearing license or its assignee in United States Dollars. Royalty payments due to GUIDANT or ACS shall be made by check mailed to Guidant or ACS, as
ROYALTIES AND ACCOUNTING. 8.1 Level 8 shall pay to IBM percentage royalties based on total world wide PRODUCTS revenue received by Xxxxx 0 it's SUBSIDIARIES, it's their, distributors, dealers and remarketers in the following stages:
A) 11% (eleven percent) of PRODUCTS revenue received by Xxxxx 0 for the period of 12 (twelve) calendar months following PRODUCT GA.
B) 10% (ten percent) of PRODUCTS revenue thereafter received by Level 8.
8.2 Royalties accrued for the preceding 3 (three) month period shall be paid to IBM within 90 (ninety) days after the last day of each March, June, September and December. Each payment shall be accompanied by a statement, summarising the basis of calculating the amount of such payment. Further details of bank accounts and payment process will be mutually agreed by the IBM and Level 8 co-ordinators.
8.3 For those PRODUCTS installed free of charge at Xxxxx 0, its SUBSIDIARIES, distributors, dealers, remarketers and CUSTOMERS, royalties shall be paid based on the mean average royalty amount per product paid in the 3 (three) month accounting period of the installation in question.
8.4 It is understood and agreed that Level 8 may increase or decrease any prices and/or charges relating to the PRODUCTS without notice to or approval of IBM. Level 8 will make a good faith allocation to PRODUCTS revenue in case of PRODUCTS bundling such as site licences.
8.5 Except as otherwise provided herein neither party shall be liable for the expenses of the other party. No other payments or consideration, except as provided herein will be made by either party except by mutual agreement in writing.
ROYALTIES AND ACCOUNTING. Section 3.8 of the Agreement is hereby amended and restated in its entirety to read as follows:
ROYALTIES AND ACCOUNTING. 3.1. In consideration of the license granted hereunder, SPI shall pay to ASLP a royalty on the Sale of each ASLP Caco-2 Permeability Module an amount equal to 50% of the Net Sale Price of such Module. ASLP alone will determine the sale price of the ASLP Caco-2 Permeability Module.
ROYALTIES AND ACCOUNTING a) In consideration for the rights granted under Clause 2, FAN shall pay to Fremantle, Royalties calculated at the Royalty Rate within thirty (30) days following each Quarter Date, payment to be made in such manner as shall be notified to FAN by Fremantle in writing. All FAN’s own bank charges relating to payments in favour of Fremantle shall be borne by FAN. Such payment shall be accompanied by a full and accurate statement of account showing all Royalties due and owing under this Agreement in respect of the quarter ending on the Quarter Date.
b) The statement of account referred to in Clause 6 a) shall be in such form as Fremantle shall request, and as a minimum shall show amounts payable by Distribution Channel and by income stream (for example, subscriptions, advertising, integrated sponsorships).
c) FAN shall pay to the Licensor interest at a rate of 2% per annum above the base rate of Bank of America from time to time accruing daily on any amount overdue to Fremantle under this Agreement and calculated ten (10) days from the date on which payment is due until the date payment is made.
d) FAN shall keep full and proper books of account relating to the exploitation of the rights granted under this Agreement and shall retain all supporting records relating thereto for a period of at least 3 years from the end of the calendar year to which they relate, and shall preserve such books of account throughout the Term and for at least 6 years after its termination or expiry.
e) Fremantle or its representative shall have the right during normal business hours and on not less than 5 business days prior written notice to inspect and take copies of such books of account and records as referred to in Clause 6 d). In the event that such audit or inspection reveals a deficiency in money paid to Fremantle under this Agreement then FAN shall immediately pay the same to Fremantle together with interest from the date first due calculated at the rate referred to in Clause 6 c). If the inspection establishes that the amount of Royalty paid to Fremantle in respect of the Royalty periods covered by the examination is inaccurate by $5,000, or at least 5% of the amount properly payable (whichever is the lesser figure), FAN shall also reimburse to Fremantle the costs of such inspection including, but not limited to, the fees of any accountant retained by Fremantle in connection therewith.
f) The provisions of Clauses 6 d) and e) shall remain in effect notwithstanding terminatio...
ROYALTIES AND ACCOUNTING. 7.1. Polyvalor or any designated representative thereof shall be allowed to have access to, consult and receive a copy of any reports, registries or any other accounting records pertaining to the sales of Canada. More specifically, without limiting the generality of the foregoing, Canada shall be obligated to furnish to Polyvalor, through its own independent auditors, annual audited financial statements as well as quarterly sales reports, within thirty (30) days of the termination of each said quarter.
7.2. Any sums payable to Polyvalor by Canada shall be payable in Canadian dollars. In the event that any sales effected by Canada are paid in foreign currency, the parties agree to apply the exchange rate on said foreign currency at the ongoing rate at the date of payment of the Royalties by Canada. In the event that any payment of Royalties is not paid by Canada at their due date, the exchange rate to be then applied to any such late payment of Royalties shall be the most favorable exchange rate for Polyvalor determined between the due date and the effective date of payment by Canada.
7.3. Canada shall keep complete and thorough documentation pertaining to the Technology as well as its business operations. Upon a minimum prior notice of five (5) days to Canada, Polyvalor or any designated representative thereof, shall be allowed, for the duration of the present agreement and at its own costs, to have access to, inspect and make copies of said documentation during normal work hours. Canada shall diligently provide, on Polyvalor's request, any additional pertinent documentation for the purpose of the aforesaid inspection. In the event that said inspection reveals an error in excess of three percent (3 %) in regards to the sums paid to Polyvalor by Canada as Royalties and the sums actually due, any reasonable costs incurred by Polyvalor for the execution of the inspection shall be borne by Canada.
7.4. Any Royalties remaining unpaid and due beyond the date same were payable shall bear interest at the rate of twelve percent (12%) per annum. The interest accrued on said sums shall bear interest itself at the same rate.
