Royalty Payments and Statements. Within forty-five (45) days after the end of the first calendar year in which Licensee makes the First Commercial Sale, Licensee shall deliver to Orion a written royalty report (the “Royalty Report”) covering sales of Recro Products for such calendar year. Thereafter, within forty-five (45) days after the end of each calendar quarter, Licensee shall deliver to Orion a Royalty Report for such quarter. Each Royalty Report shall contain the following information for the relevant period:
(a) the gross sales and Net Sales of the Recro Product in the Recro Territory in local currency and in US Dollars;
(b) gross and net units of the Recro Product sold (excluding samples) on a country-by-country basis in the Recro Territory;
(c) information regarding any compulsory licenses, third party licenses or other deductions or set-offs described in Section 4;
(d) the calculation of the net royalty due from Licensee for the Recro Territory payable in US Dollars;
(e) withholding taxes, if any, required by law to be deducted by Licensee. Royalty payments for each period shall be due at the same time as the Royalty Report for such period. For each calendar year during the Initial Royalty Term, Licensee shall initially pay the quarterly royalty payments for the Recro Territory using the lower royalty rate set forth in Section 4.1. If Net Sales during such calendar year reach the higher tier set forth in Section 4.1, Licensee will (i) immediately apply the higher royalty rate set forth in Section 4.1 for the remainder of such calendar year, and (ii) with the next Royalty Report, pay Orion any additional royalties due for prior quarters during such calendar year.
Royalty Payments and Statements. Royalties shall be computed based on the currency of the United States of America, and shall be paid in the currency of the United States of America. For purposes of the preceding sentence, the exchange rate used to convert any Net Receipts into American currency shall be the exchange rate actually charged to STRATEGY by the party converting such Net Receipts into American currency. Royalties shall be calculated at or near the end of every quarter based upon the distribution and sales reports that STRATEGY receives from its distribution partners. A written statement providing a complete, itemized description of the calculation of the Royalties paid for the preceding quarter (a “Royalty Statement”) shall accompany each Royalty payment, or shall be sent alone within such period if no Royalties are due for such quarter. Statements as to royalties payable hereunder shall be sent by STRATEGY to RED MILE, together with payment of any royalties earned by RED MILE.
Royalty Payments and Statements. Unless Licensed Products are manufactured for LICENSEE under the provisions of Section 4.03 of this Agreement, LICENSEE shall render statements and royalty payments as follows:
9 (1) LICENSEE shall deliver to the address shown on the cover sheet of this Agreement or such place as LICENSOR may from time to time designate, quarterly reports certified by LICENSEE's chief financial officer or the officer's designate within 30 days after each calendar quarter ending with the last day of March, June, September and December. Alternatively, such reports may be delivered by facsimile by transmitting them to LICENSOR's facsimile telephone number shown on the cover sheet of this Agreement or such other number as LICENSOR may from time to time designate. Royalty payments are due for each quarter at the same time as each quarterly report and shall be made by wire transfer in United States funds to LICENSOR's bank as identified on the cover sheet of this Agreement or such other bank as LICENSOR may from time to time designate. LICENSEE shall pay all local fees, taxes, duties, or charges of any kind and shall not deduct them from the royalties due unless such deductions may be offset against LICENSOR's own tax liabilities. Each quarterly report shall:
(a) state the number of each model type of Licensed Products leased, sold, or otherwise disposed of by LICENSEE during the calendar quarter with respect to which the report is due;
(b) state the number of Licensed Devices in each model type of Licensed Product; and
(c) contain such other information and be in such form as LICENSOR or its outside auditors may prescribe. If LICENSEE claims less than full product royalty (under Section 4.06) or no royalty due (under Section 6.03), LICENSEE shall specify the country in which such Licensed Products were made, the country in which such Licensed Products were sold, and the identity of the purchasers of such Licensed Products.
Royalty Payments and Statements. (a) PCC will pay to Apple Royalty Payments for each unit of a Certified Computer or Approved Board distributed by PCC in accordance with the royalty rates set forth on Exhibit A; provided however, that only one such Royalty Payment shall be payable to Apple for each unit of a Certified Computer containing only one Approved Board, and PCC shall have no obligation to pay to Apple such Royalty Payment for any such Certified Computer for which PCC or a third party has previously paid Apple a royalty under a Certified Computer Manufacturing Agreement with Apple. Apple/PCC Manu. Lic. Agt. II Final, #C24-96-00127
(b) Within thirty (30) days of the end of each quarter, PCC will pay the Royalty Payments due for that quarter to Apple accompanied by a statement certified correct by an officer of PCC, indicating the number and type of Approved Boards and Certified Computers sold hy PCC during the quarter and the amount of royalty due.
(c) PCC shall keep and maintain all appropriate books and records necessary for verification that the applicable license and purchase fees and royalties have been paid. During the term of this Agreement and for three years thereafter, Apple shall be entitled, not more than once annually and on thirty (30) days notice, to retain independent certified public accountants to review PCC's books and records for the purpose of verifying the accuracy of the statements provided and amounts paid pursuant to this Section 4. Any underpayment or overpayment determined as a result of the review will be reflected in the following quarter's statement and Royalty Payments. If such review verifies an underpayment error of greater than five percent (5%), PCC shall pay the cost of such review. PCC shall pay all amounts when due, and any amounts not paid when due shall accrue interest at the annual rate of twelve percent (12%) or the highest rate allowed by law, if lower, from the date when the payment should have been paid and ending when paid.
Royalty Payments and Statements. Within thirty (30) days after the close of each quarter during which Net Revenue was received by Motorola, Motorola will pay to AMD royalty payments based on ***** reflected in the table set forth below. ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** Each payment will be accompanied by a statement reflecting the Net Revenue received during the quarter from Royalty Bearing Devices manufactured.
Royalty Payments and Statements. Commencing on the calendar quarter in which the First Commercial Sale occurs, Licensee shall, within thirty (30) days after the end of each calendar quarter, pay to Orion the total royalties due from Licensee to Orion for such calendar quarter, along with a written report setting forth for such calendar quarter the following information:
(a) the gross sales and Net Sales of the Product on a country-by-country basis in the Territory in each country’s local currency and in US Dollars (including a detailing of all deductions taken in the calculation of Net Sales);
(b) the applicable exchange rate to convert from each country’s local currency to US Dollars; _________________________________ [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
(c) the sales volumes of the Product on a country-by-country basis in the Territory; and
(d) the calculation of the royalty due from Licensee to Orion under Section 4.1 or 4.2.
Royalty Payments and Statements. With respect to each Licensed Product, after the First Commercial Sale and until the Royalty Term expires, Licensee shall deliver to Licensor within forty (40) days after the end of each calendar year, the total royalties due from Licensee to Licensor for such year, along with a report setting forth for such year the following information: [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
(a) the gross sales and Net Sales of each Licensed Product in the Territory in local currency and in U.S. Dollars;
(b) information regarding any compulsory licenses, Third Party licenses or other deductions or set-offs described in Section 4;
(c) the Sublicensing Proceeds received by Licensee;
(d) the calculation of net royalty due from Licensee under Section 4.1 payable in U.S. Dollars;
(e) withholding taxes, if any, required by law to be deducted with respect to such Net Sales; and
(f) the calculation of the conversion of payments into U.S. Dollars, if applicable.
Royalty Payments and Statements. Within thirty (30) days after the close of each quarter during which Net Revenue was received by CSP or CSM, CSP and/or CSM will pay to Motorola royalty payments in accordance with Sections 7.5, 7.6, and 7.7 above. Each payment will be accompanied by a statement reflecting the Net Revenue received during the quarter and identify the amount of Net Revenue attributable to each Logic Process Technology.
Royalty Payments and Statements. The Publisher does not guarantee any volume of sales for the Work. The Publisher will pay the Author royalties in the amount of sixty-six percent (66%) of net receipts, which equal the payments the Publisher receives from sales of the Work, less production costs, credit card charges, shipping and handling charges, chargebacks, discounts or disputes. Direct sales to Author, as defined in Section 6 below, are exempt from royalty payments. The Publisher shall forward to the Author royalty statements to be computed as of March 31, June 30, September 30 and December 31 of each year of this Agreement within thirty (30) days following such respective dates along with any payments indicated to be due thereby. Author shall have the right, upon reasonable notice and during usual business hours but not more than once each year, to engage a certified public accountant to examine the books and records of Publisher relating to the Work at the place where such records are regularly maintained. In the event discrepancies between royalty statements and the Publisher's accounts are found to be in the Author's favor, the Publisher shall tender such monies due to the Author within ten (10) days. Publisher shall not be liable for any expenses incurred by the Author as a result of the auditing procedure.
Royalty Payments and Statements. Excepting Licensed Products manufactured for it by another licensee, the LICENSEE shall render statements and royalty payments as follows:
