Common use of Royalty Determination Firm Clause in Contracts

Royalty Determination Firm. The Parties agree that in case of any dispute with respect to the determination of royalty pursuant to Sections 2.3, 2.4, 4.1(c), 9.2 and 9.3, any such determination shall be determined by an internationally recognized independent accounting firm jointly selected and paid for by the Parties (“Royalty Determination Firm”). If the Parties dispute the royalty amount determined by the Royalty Determination Firm, then the disputing Party has the right at its own expense to retain another internationally recognized independent accounting firm; and in such event, the determination of the royalty shall be the average of the two determinations, provided that, that the average of the two determinations shall not exceed by more than 10% of the difference between the royalty amount determined by the Royalty Determination Firm and the royalty amount determined by the independent determination firm.

Appears in 4 contracts

Samples: Stack Technology Transfer and License Agreement (Fuelcell Energy Inc), Stack Technology Transfer and License Agreement (Fuelcell Energy Inc), Stack Technology Transfer and License Agreement (Fuelcell Energy Inc)

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Royalty Determination Firm. The Parties agree that in case of any dispute with respect to the determination of royalty pursuant to Sections 2.3, 2.4, 4.1(c)2.5, 9.2 4.1(d) and 9.39.6, any such determination shall be determined by an internationally recognized independent accounting firm jointly selected and paid for by the Parties (“Royalty Determination Firm”). If the Parties dispute the royalty amount determined by the Royalty Determination Firm, then the disputing Party has the right at its own expense to retain another internationally recognized independent accounting firm; and in such event, the determination of the royalty shall be the average of the two determinations, provided that, that the average of the two determinations shall not exceed by more than 10% of the difference between the royalty amount determined by the Royalty Determination Firm and the royalty amount determined by the independent determination firm.

Appears in 3 contracts

Samples: License and Distribution Agreement (Fuelcell Energy Inc), License and Distribution Agreement (Fuelcell Energy Inc), License and Distribution Agreement (Fuelcell Energy Inc)

Royalty Determination Firm. The Parties agree that in case of any dispute with respect to the determination of royalty pursuant to Sections 2.3, 2.4, 4.1(c4.1(d) and 9.2(b), 9.2 and 9.3, any such determination shall be determined by an internationally recognized independent accounting firm jointly selected and paid for by the Parties (“Royalty Determination Firm”). If the Parties dispute the royalty amount determined by the Royalty Determination Firm, then the disputing Party has the right at its own expense to retain another internationally recognized independent accounting firm; and in such event, the determination of the royalty shall be the average of the two determinations, provided that, that the average of the two determinations shall not exceed by more than 10% of the difference between the royalty amount determined by the Royalty Determination Firm and the royalty amount determined by the independent determination firm.

Appears in 2 contracts

Samples: Technology Transfer and License Agreement (Fuelcell Energy Inc), Technology Transfer and License Agreement (Fuelcell Energy Inc)

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Royalty Determination Firm. The Parties agree that in case of any dispute with respect to the determination of royalty pursuant to Sections 2.3, 2.4, 4.1(c)2.5, 9.2 4.1(d) and 9.39.6, any such determination shall be determined by an internationally recognized independent accounting firm jointly selected and paid for by the Parties (“Royalty Determination Firm”). If the Parties dispute the royalty amount determined by the Royalty Determination Firm, then the disputing Party has the right at its own expense to retain another internationally recognized independent accounting firm; and in such event, the determination of the royalty shall be the average of the two determinations, provided that, that the average of the two determinations shall not exceed by more than 10% _____ of the difference between the royalty amount determined by the Royalty Determination Firm and the royalty amount determined by the independent determination firm.

Appears in 1 contract

Samples: Technology Transfer, License and Distribution Agreement (Fuelcell Energy Inc)

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