ROYALTIES, REPORTS AND RECORDS Sample Clauses

ROYALTIES, REPORTS AND RECORDS. 6.1 In consideration of the rights and license granted hereunder, LICENSEE agrees to pay to LICENSOR, as a periodic royalty, the amounts according to the table attached at Schedule E. All Tables placed by LICENSEE will pay according to the same royalty rate based on the number of Tables per month as considered as of the first day of each month (the “Count”). Monthly Royalty payments will be computer by taking the determined percentage of the monthly gross table revenue, which is all monthly revenue earned by LICENSEE from only the entire fees paid to the LICENSEE by casinos for their table(s) offering the Game. LICENSEE’s overhead, incidentals, and other costs are not to be deducted or factored into the gross table revenue. Payment by LICENSEE shall be due thirty (30) days after the Count has been completed. 6.2 LICENSEE shall account for all Tables, their locations and respective monthly rental fees to LICENSOR on a monthly basis. 6.3 Both parties shall maintain complete books and records in connection with their payments obligations under this Agreement, during and for a period of one (1) year after termination of this Agreement. LICENSOR shall have the right, upon reasonable notice to LICENSEE, and not more than once per calendar year, to inspect LICENSEE’S books and records directly relating to amounts owed LICENSOR under this Agreement. LICENSOR may also employ a third party auditor at its own expense for such purpose that shall be permitted the same access.
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ROYALTIES, REPORTS AND RECORDS. During the term of this Agreement, Acorda shall furnish, or cause to be furnished to the Institutions, written reports for each of Acorda and its Affiliates showing, for each fiscal quarter during the applicable Payment Period, the applicable information as follows: (a) the gross sales of all Licensed Products Sold by Acorda and its Affiliates in the Licensed Territory during the reporting period, together with the calculations of Net Sales in accordance with Section 1.16; (b) the Earned Royalties payable in Dollars, together with the calculations thereof, which shall have accrued hereunder in respect to such Net Sales; (c) the Sublicense Royalties received by Acorda and the portion of such Sublicense Royalties payable to the Institutions in accordance with Sections 3.2(b) and 3.3(a), as applicable; (d) the exchange rates, if any, in determining the amount of Dollars payable to the Institutions; and (e) the occurrence of any event triggering a milestone payment obligation in accordance with Section 3.6. Such reports shall be substantially in the form of the template as given in Schedule 1 Part A and shall be due to Institutions within thirty (30) days after the close of the second Acorda fiscal quarter in the applicable Payment Period. Each such report shall: (a) contain a statement in substantially the form “I hereby represent and warrant that this report is true and correct to the best of my knowledge and belief” and; (b) be signed by an officer of Acorda. Acorda shall keep accurate records in sufficient detail to enable Earned Royalties, Sublicense Royalties and other payments payable hereunder to be determined, such records to include without limitation the amounts and source of any deductions made pursuant to Section 3.2(a). Acorda shall be responsible for all Earned Royalties, Sublicense Royalties and other payments that are due Certain portions of this Exhibit have been omitted pursuant to a request for confidentiality. Such omitted portions, which are marked with brackets [ ] and an asterisk*, have been separately filed with the Commission. Institutions from Acorda’s Affiliates and have not been paid by such Affiliates. If a report required pursuant to this Section 4.1 is not submitted to the Institutions by the applicable due date, Institutions may give Acorda notice of such failure, and if Acorda does not provide such report within thirty (30) days of such notice, then Acorda shall pay to the Institutions the amount of one thousand dollars ($1,00...
ROYALTIES, REPORTS AND RECORDS. 5.1 JASPER shall pay to SAC a running royalty in the amount of Thirty Dollars ($30.00) with respect to each SALE of a PRODUCT within JASPER FIELD OF USE by JASPER or an AFFILIATE of JASPER, and SAC shall pay to JASPER a running royalty in the amount of Thirty Dollars and 50/100 ($30.50) with respect to each SALE of a PRODUCT within SAC FIELD OF USE by SAC or an AFFILIATE of SAC. 5.2 Royalties shall be payable only once with respect to each SALE of a PRODUCT regardless of the number of patented or nonpatented portions of TECHNOLOGY or improvements thereto incorporated in the PRODUCT. 5.3 Royalty payments payable on account of PRODUCT SALES in any month shall be made in United States Dollars on or before the end of the month next following the month in which the subject PRODUCT SALE occurs. Each such payment shall be accompanied by a report setting forth separately the SALES of PRODUCTS occurring during the preceding month. Royalty checks shall be mailed to the address specified in Article XI. Any currency translations that are necessary to calculate payments shall be made at the average exchange rate quoted by First Bank National Association, Minneapolis, Minnesota, for the month in which the SALE occurred. In the event that foreign monies are not capable of export to the United States, the PARTY paying the royalty payment shall escrow the same on behalf of the PARTY to which the royalty is due at the paying PARTY's sole risk and expense. SAC shall be responsible for the payment of all royalties due hereunder by its AFFILIATES, and JASPER shall be responsible for the payment of all royalties due hereunder by its AFFILIATES. 5.4 JASPER, SAC and their respective AFFILIATES shall keep and maintain records of SALES which shall be open to inspection at reasonable times by a certified public accountant chosen by the PARTY to which royalties are to be paid on such SALES. Such records will include the name of the third party to which the SALE was made, the number of PRODUCTS purchased, the payment terms and the payments received. Such inspection shall be made at the expense of the inspecting PARTY unless the inspection results in the additional payment of at least $5,000 in royalties to the inspecting PARTY, in which event the expense of the inspection shall be paid by the PARTY which was the subject of the inspection. The records required by this paragraph shall be maintained and available for inspection for a period of five (5) years following the month to which ...
ROYALTIES, REPORTS AND RECORDS. ROYALTIES, REPORTS AND RECORDS" of the Original Agreement shall be amended as follows:
ROYALTIES, REPORTS AND RECORDS. (a) For each Licensed Product or Licensed Service sold by XXXXXXX RIVER, XXXXXXX RIVER shall pay to ACT of the following royalties or the royalty set out in Section 6.2(b): (1) Six percent (6%) of the Net Sales of Licensed Products or Licensed Services sold by XXXXXXX RIVER so long as the Licensed Product or Licensed Service, where sold would, but for this Agreement, infringe a Valid Claim of any ACT Patent Right which is licensed exclusively to XXXXXXX RIVER in such country, provided, however, that where the Licensed Products sold are the Progeny of cloned rats or mice that are Licensed Products, the royalty shall be three percent (3%) of the Net Sales of such Progeny; or (2) Two percent (2%) of the Net Sales of Licensed Products or Licensed Services (or one percent (1%) of the Net Sales Price of Progeny) sold by XXXXXXX RIVER which do not infringe a Valid Claim of any ACT Patent Right exclusively licensed to XXXXXXX RIVER in such country but incorporate or utilize to a substantial degree ACT Technology. Such royalty shall be paid for (i) ten (10) years from first commercial sale of a Licensed Product or Licensed Service on a country-by-country basis, where sales of Licensed Products or Licensed Services amount to eighty percent (80%) or more of total sales of products or services (including sales of Licensed Products or Licensed Services) employing similar technology in such country, or (ii) seven (7) years from first commercial sale of a Licensed product or Licensed Service on a country-by-country basis where sales of Licensed Products or Licensed Services amount to less than eighty percent (80%) of total sales of products or services (including sales of Licensed Products or Licensed Services) employing similar technology, in such country, or (b) In the case of a pending patent application, royalties shall be paid at the royalty rate set forth in Section 6.2(a)(l) for four (4) years from first commercial sale of Licensed Products or Licensed Services or until the patent has issued, whichever occurs earlier. If the patent does not issue within four (4) years from first commercial sale of Licensed Products or Licensed Services, royalties shall be payable at the royalty rate set forth in Section 6.2(a)(2) for the remainder of the applicable period set forth therein or until the patent issues, whichever occurs earlier. If the patent does not issue before the end of the applicable period in Section 6.2(a)(2), then royalties shall cease at the time and will o...
ROYALTIES, REPORTS AND RECORDS 

Related to ROYALTIES, REPORTS AND RECORDS

  • Reports and Records The Custodian shall: 11.1 create and maintain records relating to the performance of its obligations under this Agreement; 11.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Custodian, all records maintained by the Custodian pursuant to Section 11.1 above, subject, however, to all reasonable security requirements of the Custodian then applicable to the records of its custody customers generally; and 11.3 make available to the Fund all Electronic Reports; it being understood that the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein except to the extent that such inaccuracy, incompleteness or errors are the result of the Custodian's negligence, bad faith or willful misconduct. All such reports and records shall, to the extent applicable, be maintained and preserved in conformity with the 1940 Act and the rules and regulations thereunder. The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt thereof and notify the Custodian promptly of any discrepancy or error therein. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt thereof, such records shall be deemed to be true and accurate. It is understood that the Custodian now obtains and will in the future obtain information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but it is acknowledged and agreed that the Custodian does not verify nor represent nor warrant as to the accuracy or completeness of such information and accordingly shall be without liability in selecting and using such sources and furnishing such information as long as the Custodian has shown due diligence in attempting to receive complete and accurate information.

  • Books and Records Reports (a) The Trustees shall keep a certified copy or duplicate original of this Trust Agreement on file at the office of the Trust and the office of the Administrator available for inspection at all reasonable times during its usual business hours by any Holder. The Trustees shall keep proper books of record and account for all the transactions under this Trust Agreement at the office of the Trust and the office of the Administrator, and such books and records shall be open to inspection by any Holder at all reasonable times during usual business hours. The Trustees shall retain all books and records in compliance with Section 31 of the Investment Company Act and the rules and regulations thereunder. (b) With each payment to Holders the Paying Agent shall set forth, either in the instruments by means of which payment is made or in a separate statement, the amount being paid from the Trust Account expressed as a dollar amount per STRYPES and the other information required under Section 19 of the Investment Company Act and the rules and regulations thereunder. The Trustees shall prepare and file or distribute reports as required by Section 30 of the Investment Company Act and the rules and regulations thereunder. The Trustees shall prepare and file such reports as may from time to time be required to be filed or distributed to Holders under any applicable state or Federal statute or rule or regulation thereunder, and shall file such tax returns as may from time to time be required under any applicable state or Federal statute or rule or regulation thereunder. One of the Trustees shall be designated by resolution of the Trustees to make the filings and give the notices required by Rule 17g-1 under the Investment Company Act. (c) In calculating the net asset value of the Trust as required by the Investment Company Act, (i) the U.S. Treasury Securities will be valued at the mean between the last current bid and asked prices or, if quotations are not available, as determined in good faith by the Trustees, (ii) short-term investments having a maturity of 60 days or less will be valued at cost with accrued interest or discount earned included in interest receivable and (iii) the Contract will be valued at the mean of the bid prices received by the Administrator from at least three independent broker-dealer firms unaffiliated with the Trust to be named by the Trustees who are in the business of making bids on financial instruments similar to the Contract and with terms comparable thereto.

  • Books Records Reports and Bank Accounts 8.1 Maintenance of Books 45 8.2 Reports 46 8.3 Information Rights 46 8.4 Bank Accounts 46 8.5 Fiscal Year 46

  • Records Reports To maintain records and to prepare and file reports required by law to be filed by the Trustee or required by agreement with the Company;

  • Progress Reports and Invoices The goals of this subtask are to: (1) periodically verify that satisfactory and continued progress is made towards achieving the project objectives of this Agreement; and (2) ensure that invoices contain all required information and are submitted in the appropriate format. • Submit a monthly Progress Report to the CAM. Each progress report must: o Summarize progress made on all Agreement activities as specified in the scope of work for the preceding month, including accomplishments, problems, milestones, products, schedule, fiscal status, and an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns. See the Progress Report Format Attachment for the recommended specifications. • Submit a monthly or quarterly Invoice that follows the instructions in the “Payment of Funds” section of the terms and conditions, including a financial report on Match Fund and in-state expenditures. • Progress Reports • Invoices

  • Securities Reports Promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports that any Loan Party or any of its Subsidiaries sends to its stockholders, and copies of all regular, periodic and special reports, and all registration statements, that any Loan Party or any of its Subsidiaries files with the Securities and Exchange Commission or any governmental authority that may be substituted therefor, or with any national securities exchange.

  • Sales Reports On or before the twentieth (20th) day of each calendar month after the First Month, Tenant shall submit to City a report (the “Sales Report”) showing all Gross Revenues achieved with respect to the prior month by location, segregated by each source or general type of article sold or service rendered. Such report shall be certified as being true and correct by Tenant and shall otherwise be in form and substance satisfactory to Director. As described below, City shall have the right, in addition to all other rights herein, to impose a fine in the event Tenant shall fail to submit such Sales Report timely.

  • Budgets, Forecasts, Other Reports and Information Promptly upon their becoming available to the Borrower: (i) any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to such stockholders, (ii) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC, (iii) to the extent not previously reported in regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC, the Borrower shall notify the Banks promptly of the enactment or adoption of any Law which may result in a Material Adverse Change, (iv) to the extent requested by the Agent or any Bank, the annual budget and any forecasts or projections of the Loan Parties, and (v) with respect to the Hedging Transaction activities of the Loan Parties and their Subsidiaries, to the extent not previously reported in regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC, such other reports and information as any of the Banks may from time to time reasonably request.

  • Royalty Reports and Payments After the first sale of a Product on which royalties are payable by a Party hereunder, such Party shall make quarterly written reports to the other Party within sixty (60) days after the end of each calendar quarter, stating in each such report, separately the number, description, and aggregate Net Sales, by territory, of each such Product sold during the calendar quarter upon which a royalty is payable under Section 6.3 or Section 6.4 above, as applicable. Concurrently with the making of such reports, such Party shall pay to the other Party royalties due at the rates specified in Section 6.3 or Section 6.4 above, as applicable.

  • Records and Reports of Inventory Each Borrower shall keep accurate and complete records of its Inventory, including costs and daily withdrawals and additions, and shall submit to Agent inventory and reconciliation reports in form satisfactory to Agent, on such periodic basis as Agent may request. Each Borrower shall conduct a physical inventory at least once per calendar year (and on a more frequent basis if requested by Agent when an Event of Default exists) and periodic cycle counts consistent with historical practices, and shall provide to Agent a report based on each such inventory and count promptly upon completion thereof, together with such supporting information as Agent may request. Agent may participate in and observe each physical count.

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