Royalty Accountings Sample Clauses

Royalty Accountings. 10.1 You will receive copies of all statements received by Company covering Your royalties. Said statements will be sent to You, together with any such royalty due You (if any), within ninety (90) days following the end of each semi-annual calendar period, provided such monies have become good funds. If Company has overpaid You, You will promptly reimburse Company, unless Company is in a position to apply such deficiency to Your royalty account. Company shall have no liability or responsibility for a breach of timely payment by any of its Licensees, including Distributor. 10.2 Company will maintain books and records which report the sales of the Phonograph Records for which royalties are payable to You. You may, at Your own expense, examine those books and records and make copies thereof as provided in this paragraph only. You may make those examinations only for the purpose of verifying the accuracy of the statements sent to You under paragraph 10. 1. You may make such an examination for a particular statement only once, and only within twelve (12) months after the date when Company is required to send You that statement under paragraph 10. 1. You may make those examinations only during Company's usual business hours, and at the place where it keeps the books and records to be examined. If You wish to make an examination You will be required to notify Company in writing at least fourteen (14) days before the date when You plan to begin it. You may appoint a certified public accountant to make such an examination for You but not if he or his firm has begun an examination of Company's books and records for any Person except You and has not yet concluded it. If a certified public accountant performs the examination for You, he will review his tentative findings with those members of the Company's staff whom Company designates before he renders a report to You, in order to remedy any factual errors and clarify any issues which may have resulted from misunderstandings. Your accountant's report will be completed and a copy of it will be Delivered to Company within thirty (30) days from the date his examination ends. 10.3 If You have any objections to a royalty statement with respect to the sale and/or distribution of records recorded hereunder, You will give Company specific written notice of that objection and Your reasons for it within twelve (12) months after the date when Company has rendered that statement to You pursuant to paragraph 10.1. Each royalty st...
Sample 1
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Royalty Accountings. 8.01. Universal will compute your royalties as of each June 30 and December 31 for the prior six (6) months, in respect of each such six (6) month period in which there are sales or returns of Records or other exploitations of Masters on which royalties are payable to you. On or before the next September 30 with respect to the period ending June 30, and on or before March 31 with respect to the period ending December 31, Universal will send you a statement covering those royalties and will remit to you the net amount of such royalties, if any, after deducting any and all unrecouped Advances and chargeable costs under this agreement and such amount, if any, that Universal may be required to withhold pursuant to the applicable state tax laws, the U.S. Tax Regulations, or any other applicable statute, regulation, treaty, or law. No royalty statements will be required for periods during which no additional royalties accrue. In computing the number of Records sold, only Records for which Universal has been paid will be deemed sold, and Universal will have the right to deduct returns and credits of any nature and to withhold reasonable reserves therefor from payments otherwise due you. Returns will be treated as units sold or Free Goods in the same manner as in Universal's customer account. If Universal makes any overpayment to you (e.g., by reason of an accounting error or by paying royalties on Records returned later), you will reimburse Universal to the extent Universal does not deduct such sums from monies due you hereunder. Universal may at any time elect to utilize a different method of computing royalties provided such method does not decrease the net monies received by or credited to you hereunder. 8.02. Royalties for Records sold for distribution outside the United States ("foreign sales") will be computed in the same national currency and at the same rate of exchange as Universal is accounted to by its licensees with respect to the sale concerned and will be subject to costs of conversion and any taxes applicable to royalties remitted by or received from foreign sources. Royalties on Records sold outside the United States are not due and payable by Universal until payment therefor has been received by Universal in the United States in United States dollars. For purposes of accounting to you, Universal will treat any foreign sale as a sale made during the same six (6) month period in which Universal receives its licensee's accounting and payment for tha...
Sample 1
Royalty Accountings. 6.1 The Company will compute the Developer's royalties hereunder on a calendar year quarterly basis. Within forty-five (45) days after the last day of each quarterly accounting period, the Company shall deliver to the Developer a statement covering such royalties and will pay any royalties owed simultaneously with delivery of the statement. 6.2 The Company will maintain books and records which report the sales of Software Devices embodying the Final Work Product. Developer may examine these books and records, as provided in this paragraph only. The Developer may make such examinations during regular business hours and upon reasonable notice only. Each examination will take place at the place the Company normally keeps the books and records to be examined. The Developer shall be limited to two (2) such examinations each twelve (12) months, during the term of this Agreement and for one (1) year thereafter. 6.3 If the Developer has any objection to a royalty statement, specific notice must be given to the Company within one (1) year after the date the Developer receives the applicable statement. Each royalty statement will become conclusively binding on the Developer at the end of that period, and the Developer will to have the right to institute any action against the Company in connection with any royalty accounting, or to institute an action against the Company for royalties in connection with sales of the Software Devices embodying the Final Work Product, unless the action is commenced within the above time period. 6.4 In connection with any claims by the Developer that additional monies are payable by the Company under this Agreement and based upon examination of the Company's books and records in connection with Section 6.2 hereof (hereinafter "Claim"), the Company will not be deemed in breach of this Agreement unless within sixty (60) days of the Company's receipt of the Developer's written Claim, together with sufficient documentation to support the Developer's Claim, sent by certified mail, return receipt requested, the Company shall neither (i) pay such additional monies claimed by the Developer, not (i) contest such Claim, in whole or in part, by written notice to the Developer. In the event the Company contests the Claim, it will not be deemed in breach of this Agreement unless such Claim has been reduced to a final non-appealable judgment by a court of competent jurisdiction and the Company will have failed to pay the Developer the amount thereof...
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Royalty Accountings. COMPANY wi l compute xxx alties p ay able to ART IS T hereunder as of July 31st and January 31st for each proceedin g six (6) month period. COMPANY will render a statement and p ay royalties due and pay able within thirty (30) days after the end of applicable period. ART IS T wi l receive each royalty p ay ment via electronic wire transfer (if amount exceeds the sum of € 200,00) or Paypal account (for any amount), per XXXXX T’s request. XXXXX T shall provide bank information for xxx xxxx p ayments via electronic wire transfers or an active Pay pal account.
Sample 1
Royalty Accountings. In the case of any Medium distributed by the Distributor and containing Masters : (i) The Producer agrees to cause the Distributor to account directly to the Lyricist for the Mechanical Royalty hereunder, as applicable, after all advances paid to or credited to the Producer under the Distribution Agreement have been recouped by the Distributor; (ii) As regards the advances paid to the Producer under the Distribution Agreement and which have been recouped by the Distributor, the Producer shall account for the same to the Lyricist; (iii) Unless and until the Distributor so accounts to the Lyricist, Producer will account to the Lyricist for Mechanical Royalty hereunder in conjunction with such Medium; (iv) However, regardless of whether the Distributor agrees to account directly to the Lyricist, the Lyricist shall be deemed to have consented to each royalty accounting to the Lyricist hereunder, and each such accounting shall become final and binding upon the Lyricist, unless the Lyricist renders specific written objection, stating the basis thereof, at least 60 days prior to the date that the Distributor's corresponding accounting to Producer becomes binding on Producer; and if Producer gives the Lyricist written notice that it denies the validity of the objection, unless a suit is instituted thereon at least 60 days prior to the last date the Producer may institute a suit against the Distributor on the corresponding accounting to the Producer. The Producer shall inform the Lyricist of the relevant audit and accounting provisions of the Distribution Agreement; (v) The Lyricist shall have the right, at the Lyricist's expense, to audit Producer's books and records which have not then been rendered incontestable, but no more often than once per 12-month period, relating to the sale of the Mediums described in Paragraph 4 (i.e. Mediums sold under the Distribution Agreement and containing any Master(s)), during normal business hours and on reasonable notice; (vi) Regardless of whether the Distributor agrees to account directly to the Lyricist or not, the Lyricist has no independent right to audit the Distributor's books and records relating to the Mediums distributed under the Distribution Agreement and covered by Paragraph 4. If the Producer elects to audit the Distributor's books and records relating to the Mediums covered by Paragraph 4 (which the Producer shall have no obligation to do), the Lyricist shall receive his/her pro rata share of any net recovery the...
Sample 1
Royalty Accountings. (a) Company shall compute and pay royalties due you hereunder within thirty (30) days after Company has received accountings and payments from its distributor. Notwithstanding the foregoing, Company shall not be obligated to pay any share of recording funds or recording advances until thirty (30) days after delivery by Company and acceptance by the Distributor of the applicable Masters. Company may deduct from any royalty or other payment due to you under this Agreement any Advance against royalties, any charges or other sums recoupable hereunder from royalties, and any amount you may owe Company under this Agreement or otherwise. (b) For accounting purposes, foreign sales shall be deemed to occur in the same semi-annual accounting periods in which Company’s Licensees account to Company therefor. If Company is unable, for reasons beyond its control, to receive payment for such sales in United States Dollars in the United States of America, royalties therefor shall not be credited to your account during the continuance of such inability; if any accounting rendered to you hereunder during the continuance of such inability requires the payment of royalties to you, Company will, at your request and if Company is able to do so, deposit such royalties to your credit in such foreign currency in a foreign depository, at your expense. (c) At any time within two (2) years after any royalty statement is rendered to you hereunder, you shall have the right to give Company written notice of your intention to examine Company’s books and records with respect to such statement. Such examination shall be commenced within three (3) months after the date of such notice, at your sole cost and expense, by any certified public accountant designated by you, provided he is not then engaged in an outstanding examination of Company’s books and records on behalf of a Person other than you. Such examination shall be made during Company’s usual business hours at the place where Company maintains the books and records which relate to you and which are necessary to verify the accuracy of the statement or statements specified in your notice to Company and your examination shall be limited to the foregoing. Your right to inspect Company’s books and records shall be only as set forth in this paragraph 9(c) and Company shall have no obligation to produce such books and records more than once with respect to each statement rendered to you. (d) Unless notice shall have been given to Company as...
Sample 1
Royalty Accountings. (a) RISING STAR shall compute your royalties as of each June 30th and December 31st for the prior six (6) months, in respect of each such six (6) month period in which there are sales or returns of Records or any other transactions on which royalties are payable to you hereunder or liquidations of reserves established previously. On the next September 30th or March 31st RISING STAR shall send you a statement covering those royalties and shall pay you any royalties which are due after deducting unrecouped Advances. (b) RISING STAR shall have the right to maintain reasonable royalty reserves against anticipated returns and credits, or anticipated payments referred to in subparagraph 9.07(c) above. If RISING STAR makes any overpayment to you, you shall reimburse RISING STAR for that overpayment; RISING STAR may also deduct any overpayment from any monies due or becoming due to you. If RISING STAR pays you any royalties on Records which are returned later or on other transactions which are reversed, those royalties shall be considered overpayments. 11.02. RISING STAR shall compute your royalties in the same national currency in which RISING STAR's Licensee pays RISING STAR for that sale, and RISING STAR shall credit those royalties to your account at the same rate of exchange at which the Licensee pays RISING STAR. For purposes of accounting to you, RISING STAR shall treat any sale outside of the United States as a sale made during the same six (6) month period in which RISING STAR receives RISING STAR's Licensee's accounting and payment for that sale. If any RISING STAR Licensee deducts any taxes from its payments to RISING STAR, RISING STAR may deduct a proportionate amount of those taxes from your royalties. If any law, any government ruling, or any other restriction affects the amount of the payments which a RISING STAR Licensee can remit to RISING STAR, RISING STAR may deduct from your royalties an amount proportionate to the reduction in the Licensee's remittances to RISING STAR. If RISING STAR cannot collect payment in the United States in U.S. Dollars, RISING STAR shall not be required to account to you for that sale. 11.03. RISING STAR shall maintain Books and Records which you may examine, at your expense. You may make those examinations only for the purpose of verifying the accuracy of the statements sent to you under paragraph 11.01. You may make such an examination for a particular statement only once, and only within one (1) year after the date w...
Sample 1
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Royalty Accountings. 6.01. Universal will compute your royalties as of each June 30 and December 31 for the prior six (6) months, in respect of each such six (6) month period in which there are sales or returns of Records or other exploitations of Masters of Distributed product in the Territory on which royalties are payable to you. On or before the next September 30 with respect to the period ending June 30, and on or before March 31 with respect to the period ending December 31, Universal will send you a statement covering those royalties and will remit to you the net amount of such royalties, if any, after deducting any and all unrecouped Advances and chargeable costs under this agreement and the Distribution Agreement and such amount, if any, that Universal may be required to withhold pursuant to the applicable state tax laws, the U.S. Tax Regulations, or any other applicable statute, regulation, treaty, or law. No royalty statements will be required for periods during which no additional royalties accrue. In computing the number of Records sold, only Records for which Universal has received payment in the United States from its licensees in respect of such sales will be deemed sold. Universal’s licensees shall have the right to withhold a reasonable reserve against returns and credits. If Universal makes any overpayment to you (e.g., by reason of an accounting error or by paying royalties on Records returned later), you will reimburse Universal to the extent Universal does not deduct such sums from monies due you hereunder or under the Distribution Agreement. Universal may at any time elect to utilize a different method of computing royalties provided such method does not decrease the net monies received by or credited to you hereunder.
Sample 1

Related to Royalty Accountings

  • Monthly Accountings Silicon shall provide Borrower monthly with an account of advances, charges, expenses and payments made pursuant to this Agreement. Such account shall be deemed correct, accurate and binding on Borrower and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by Silicon), unless Borrower notifies Silicon in writing to the contrary within thirty days after each account is rendered, describing the nature of any alleged errors or admissions.

  • Accountings At the close of each fiscal year, the Manager shall make a full and accurate accounting of the affairs of the Company, including a balance sheet, a profit and loss statement, and a statement of the Members’ equity showing the respective capital accounts and distributions, if any, and any other information necessary for a complete and fair presentation of the financial condition of the Company.

  • Tax Accounting Services (1) Maintain accounting records for the investment portfolio of the Fund to support the tax reporting required for “regulated investment companies” under the Internal Revenue Code of 1986, as amended (the “Code”). (2) Maintain tax lot detail for the Fund’s investment portfolio. (3) Calculate taxable gain/loss on security sales using the tax lot relief method designated by the Trust. (4) Provide the necessary financial information to calculate the taxable components of income and capital gains distributions to support tax reporting to the shareholders.

  • Access to Accounting Records All books and records of the Company shall be maintained at any office of the Company or at the Company’s principal place of business, and the Member, and its duly authorized representative, shall have access to them at such office of the Company and the right to inspect and copy them at reasonable times.

  • Accounting Records Maintain adequate books and records in accordance with generally accepted accounting principles consistently applied, and permit any representative of Bank, at any reasonable time, to inspect, audit and examine such books and records, to make copies of the same, and to inspect the properties of Borrower.

  • Accounting, Books and Records The books and records of the Company shall be kept, and the financial position and the results of its operations recorded, in accordance with GAAP. The books and records shall reflect all Company transactions and shall be appropriate and adequate for the Company’s business. The Company shall maintain at its principal place of business: (i) a current list of the full name and last known address of each Member and Assignee set forth in alphabetical order, together with the Capital Contributions, Capital Account and Units of each Member and Assignee; (ii) the full name and address of each Director; (iii) a copy of the Articles and any and all amendments thereto, together with executed copies of any powers of attorney pursuant to which the Articles or any amendments thereto have been executed; (iv) copies of the Company’s federal, state and local income tax and information returns and reports, if any, for the six (6) most recent taxable years; (v) a copy of this Agreement and any and all amendments hereto, together with executed copies of any powers of attorney pursuant to which this Agreement or any amendments hereto have been executed; and (vi) copies of the financial statements of the Company, if any, for the six (6) most recent Fiscal Years. The Company shall use the accrual method of accounting in the preparation of its financial reports and for tax purposes and shall keep its books and records accordingly.

  • Gross Revenues All revenues, receipts, and income of any kind derived directly or indirectly by Lessee from or in connection with the Hotel (including rentals or other payments from tenants, lessees, licensees or concessionaires but not including their gross receipts) whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles, excluding, however: (i) funds furnished by Lessor, (ii) federal, state and municipal excise, sales, and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iii) the amount of all credits, rebates or refunds to customers, guests or patrons, and all service charges, finance charges, interest and discounts attributable to charge accounts and credit cards, to the extent the same are paid to Lessee by its customers, guests or patrons, or to the extent the same are paid for by Lessee to, or charged to Lessee by, credit card companies, (iv) gratuities or service charges actually paid to employees, (v) proceeds of insurance and condemnation, (vi) proceeds from sales other than sales in the ordinary course of business, (vii) all loan proceeds from financing or refinancings of the Hotel or interests therein or components thereof, (viii) judgments and awards, except any portion thereof arising from normal business operations of the Hotel, and (ix) items constituting “allowances” under the Uniform System.

  • Other Accounting Reports Promptly upon receipt thereof, a copy of each other report or letter submitted to the Borrower or any of its Subsidiaries by independent accountants in connection with any annual, interim or special audit made by them of the books of the Borrower or any such Subsidiary, and a copy of any response by the Borrower or any such Subsidiary, or the Board of Directors of the Borrower or any such Subsidiary, to such letter or report.

  • Accounting Reports (a) By February 20 of each calendar year the General Partner shall provide to the Limited Partner and the Special Limited Partner all tax information necessary for the preparation of their federal and state income tax returns and other tax returns with regard to the jurisdiction(s) in which the Partnership is formed and in which the Apartment Housing is located. (b) By March 1 of each calendar year the General Partner shall send to the Limited Partner and the Special Limited Partner: (1) a balance sheet as of the end of such fiscal year and statements of income, Partners' equity and changes in cash flow for such fiscal year prepared in accordance with generally accepted accounting principles and accompanied by an auditor's report containing an opinion of the Partnership's Accountants; (2) a report (which need not be audited) of any Distributions made at any time during the fiscal year, separately identifying Distributions from Net Operating Income for the fiscal year, Net Operating Income for prior years, Sale or Refinancing Proceeds, and reserves; and (3) a report setting forth the amount of all fees and other compensation and Distributions and reimbursed expenses paid by the Partnership for the fiscal year to the General Partner or Affiliates of the General Partner and the services performed in consideration therefor, which report shall be verified by the Partnership's Accountants, with the method of verification to include, at a minimum, a review of the time records of individual employees, the costs of whose services were reimbursed, and a review of the specific nature of the work performed by each such employee, all in accordance with generally accepted auditing standards and, accordingly, including such tests of the accounting records and such other auditing procedures as the Accountants consider appropriate in the circumstances. (c) Within 60 days after the end of each fiscal quarter in which a Sale or Refinancing of the Apartment Housing occurs, the General Partner shall send to the Limited Partner and the Special Limited Partner a report as to the nature of the Sale or Refinancing and as to the Income and Losses for tax purposes and proceeds arising from the Sale or Refinancing.

  • Gross Receipts The entire amount of all receipts, determined on a cash basis, from (a) tenant rentals collected pursuant to tenant leases of apartment units, for each month during the term hereof; provided that there shall be excluded from tenant rentals any tenant security deposits (except as provided below); (b) cleaning, tenant security and damage deposits forfeited by tenants in such period; (c) laundry and vending machines income; (d) any and all other receipts from the operation of the Project received and relating to the period in question; (e) proceeds from rental interruption insurance, but not any other insurance proceeds or proceeds from third-party damage claims, and (f) any other sums and charges collected in connection with termination of the tenant leases. Gross Receipts also does not include the proceeds of (i) any sale, exchange, refinancing, condemnation, or other disposition of all or any part of the Project, (ii) any loans to Owner whether or not secured by all or any part of the Project, (iii) any capital expenditures or funds deposited to cover costs of operations made by Owner, and (iv) any insurance policy (other than rental interruption insurance or proceeds from third-party damage claims).

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