Sales Reports and Records. 4.1 Beginning on the tenth (10th) day of the second full calendar month of the Lease Term, and continuing on or before the tenth (10th) day of each calendar month thereafter during the Lease Term and within ten (10) days after termination of this Lease, Tenant shall prepare and deliver to Landlord at Landlord’s Address a statement of Gross Sales made during the preceding calendar month. In addition, within sixty (60) days after the expiration of each calendar year during the Lease Term and within sixty (60) days after termination of this Lease, Tenant shall prepare and deliver to Landlord at Landlord’s Address a statement of Gross Sales during the preceding calendar year (or partial calendar year), confirmed as being correct by an officer of Tenant’s general partner, or if Landlord so requests, by an independent certified public accountant. Tenant shall furnish similar statements for its licensees, concessionaires and subtenants, if any. All such statements shall be in such form as Landlord may require. If any such confirmed statement discloses an error in the calculation of Percentage Rent for any period, an appropriate adjustment of Percentage Rent shall be made, subject, however, to Landlord’s rights under Section 4.3 below. In addition, Tenant shall deliver to Landlord, at Landlord’s Address, copies of all Texas Sales and Use Tax Returns filed by Tenant with the Office of the Comptroller of Public Accounts of the State of Texas within ten (10) days after filing same.
4.2 Tenant shall keep in the Premises or at some other location in Austin, Texas which has been approved in writing by Landlord, a permanent, accurate set of books and records of all sales of merchandise and revenue derived from business in or from the Premises, and all supporting records such as tax reports, banking records, cash register tapes, sales slips and other sales records. All such books and records shall be retained and preserved for at least twenty-four (24) months after the end of the calendar year to which they relate, and shall be subject to inspection, copying and audit by Landlord and Landlord’s agents at all reasonable times.
4.3 If Landlord is not satisfied with any monthly or annual statement of Gross Sales submitted by Tenant, Landlord shall have the right to have its auditors make a special audit of all books and records, wherever located, pertaining to sales made in or from the Premises during the period in question. If any audited statement is found to be incorrect ...
Sales Reports and Records. 5.1 Within ten (10) days after the expiration of each calendar month of each year, the Tenant shall prepare and deliver to Landlord, at the place where rent is payable, a statement of gross sales made during such calendar month (or partial calendar month).
5.2 Within sixty (60) days after the expiration of each Lease year and within sixty (60) days after the termination of this Lease, if this Lease should not terminate at the end of a Lease year, Tenant shall prepare and deliver to Landlord, at the place where the rent is then payable, a consolidated statement of all reports (as prepared in Section 5.1 above) of gross sales made during such Lease year (or partial Lease year) preceding the due date of such statement, certified to be correct by an independent certified public accountant, together with percentage rent payment due if any.
5.3 Tenant shall keep in the demised premises a permanent accurate set of books and record of all sales of merchandise and revenues derived from business conducted in the demised premises or at such other location as theretofore specified by written notice.
5.4 In the event Landlord is dissatisfied with the statement of gross sales as submitted by Xxxxxx, Landlord shall have the right to have a certified public accountant make a special audit of all books and records, wherever located, pertaining to sales made in or from the demised premises. If such statements are found to be incorrect to an extent of more than three (3%) percent over the figures submitted by Xxxxxx, Tenant shall pay for such special audit; otherwise, the cost of such audit shall be paid by Landlord. Tenant shall promptly pay to Landlord any deficiency as the case may be, which is established by such audit.
Sales Reports and Records. During the term of this Agreement, but only after the First Commercial Sale of a Drug Product, NIBRI shall deliver to Myogen within ninety (90) days after the end of each calendar quarter a written report showing actual Net Sales of Drug Products by NIBRI, its Affiliates and sublicensees in each country in the Territory during such calendar quarter. All Net Sales shall be stated in United States dollars, and shall convert the amounts into United States dollars from the currency in which such amounts are received by NIBRI using NIBRI's then-current standard exchange rate methodology applied in its external reporting for the translation of foreign currency sales into United States dollars. NIBRI will keep [/\#/\]CONFIDENTIAL TREATMENT REQUESTED complete, true and accurate books of account and records for the purpose of showing the derivation of Net Sales and all amounts payable to Myogen under this Agreement. Such books and records will be kept by NIBRI or an Affiliate of NIBRI for at least three (3) years following the end of the calendar quarter to which they pertain. Such books and records, or copies thereof, will be made available at NIBRI's principal place of business, upon request of Myogen, for inspection and copying by an independent auditor appointed by Myogen for the purpose of verifying NIBRI's sales reports or NIBRI's compliance in other respects with this Agreement. Such inspections shall be at the expense of Myogen, unless a variation or error exceeding five percent (5%) of the amount reported is discovered in the course of any such inspection, whereupon the costs relating thereto shall be for the account of NIBRI.
Sales Reports and Records. 3.1 On or before the 15th day of the month follmving each calendar month during the Term, Tenant shall prepare and deliver to Landlord a statement of Tenant's Gross Sales signed by Tenant (said statement may be in the form of Tenant's State Sales/Use Tax Fonn, if applicable) for the preceding calendar month, which statement shall be used to determine the Percentage Rent and shall be accompanied with the Percentage Rent payment. In addition, within thirty (30) days after the expiration of each Lease Year, Tenant shall prepare and deliver to Landlord a statement of Tenant's Gross Sales during such Lease Year certified to be correct by Tenant, and if requested by Landlord, an independent Certified Public A.ccountant, v!hich . statement shall be accompanied with a check for any additional Percentage R-Ont payment.
3.2 Tenant shall keep, and shall cause each licensee or concessionaire ofTenant to keep, in the Premises or at some other location approved by Landlord in Ylfiting, an accurate set o(books reflecting Tenant's Gross Sales and shall preserve all cash register tapes (including tapes from temporary registers), serially numbered sales slips, order records, the original of all mail orders at arid to the Premises, records of transactions v.ith concessionaires and licensees, shipping records, records of merchandise returned, federal, state and city tax returns, banking records and such other records as may be needed for m1 effective audit of Tenant's Gross Sales. Such records shall be sealed in a mmmer reasonably approved by Landlord and shall be retained for a period of at least thi six (36) months after the end of the Lease Year to which they relate, or if Lm1dlord shall have begun a special audit in accordance with Section 3.3, for such longer period as may be required to complete such special audit. f,.11 such books and records shall be su ect to inspection and audit by Landlord at all reasonable times.
3.3 Landlord shall have the right to have auditors of Landlord's choice make a special audit of all books and records, wherever located, pertaining to Tenant's Gross Sales. If Tenm1t1s Gross Sales, as so detemrined, exceed the figures submitted by Tenant by more than two percent (2%), or contain any willful inaccuracies, then Tenant shall pay the cost of such audit; and if such deficiency exceeds five percent (5%) Landlord shall have the option, exercisable within ninety (90) days follmving any such determination, to tenninate this Lease upon th (30) da...
Sales Reports and Records. 4.1 4.2,4.3 Intentionally Deleted.
Sales Reports and Records. 9 ARTICLE 6:
Sales Reports and Records. During the term of this Agreement, but only after the First Commercial Sale of a Drug Product, NIBRI shall deliver to Myogen within forty- [..**..] Confidential Treatment Requested five (45) days after the end of each calendar quarter a written report showing actual Net Sales of Drug Products by NIBRI, its Affiliates and sublicensees in each country in the Territory during such calendar quarter. All Net Sales shall be stated in United States dollars, and shall convert the amounts into United States dollars from the currency in which such amounts are received by NIBRI using NIBRI’s then-current standard exchange rate methodology applied in its external reporting for the translation of foreign currency sales into United States dollars. NIBRI will keep complete, true and accurate books of account and records for the purpose of showing the derivation of Net Sales and all amounts payable to Myogen under this Agreement. Such books and records will be kept by NIBRI or an Affiliate of NIBRI for at least three (3) years following the end of the calendar quarter to which they pertain. Such books and records, or copies thereof, will be made available at NIBRI’s principal place of business, upon request of Myogen, for inspection and copying by an independent auditor appointed by Myogen for the purpose of verifying NIBRI’s sales reports or NIBRI’s compliance in other respects with this Agreement. Such inspections shall be at the expense of Myogen, unless a variation or error exceeding five percent (5%) of the amount reported is discovered in the course of any such inspection, whereupon the costs relating thereto shall be for the account of NIBRI.
Sales Reports and Records. 5.1 [OMITTED]
5.2 Tenant shall keep in the Demised Premises or at some other location in the city where the Demised Premises are located, a permanent and accurate set of books and records of all sales of merchandise and revenues derived from business conducted in the Demised Premises and all supporting records such as tax reports and banking records. All such books and records shall be retained and preserved for at least twenty-four (24) months after the end of the calendar year to which they relate and shall be subject to inspection and audit by Landlord and its agents at all reasonable times.
5.3 In the event Landlord is not satisfied with the statements of Gross Sales submitted by Tenant, Landlord shall have the right to have its auditors make a special audit of all books and records, wherever located, pertaining to sales made in or from the Demised Premises. If such statements are found to be incorrect to an extent of more than two percent (2%) over the figures submitted by Tenant, Tenant shall pay for such audit. Tenant shall promptly pay to Landlord any deficiency or Landlord shall promptly refund to Tenant any overpayment, as the case may be, which is established by such audit.
Sales Reports and Records. During the term of this Agreement and after the First Commercial Sale of a Drug Product, Taisho shall deliver to Vertex within forty five (45) days after the end of each calendar quarter a written report showing actual Net Sales of Drug Products by Taisho, its Affiliates and sublicensees in each ** country in the Territory during such calendar quarter, and any revision of the supply price for bulk Licensed Compound to be recommended by Taisho, based on the ** information in that report. All Net Sales shall be divided in each such report into sales by Taisho and each Affiliate and sublicensee, as well as on a ** country-by-country basis, shall be stated in U.S. dollars, and shall state the rates of exchange used to convert the amounts into United States dollars from the ** currency in which such amounts are received by Taisho, using Taisho's then-current standard exchange rate methodology applied in its external reporting for the ** translation of foreign currency sales into U.S. dollars. Taisho will keep complete, true and accurate books of account and records for the purpose of showing the ** derivation of Net Sales and all amounts payable to Vertex under this Agreement. Such books and records will be kept at Taisho's principal place of business for at ** least three (3) years following the end of the calendar quarter to which they pertain, and will be open at all reasonable times and agreed by Taisho for inspection ** and copying by representatives of Vertex for the purpose of verifying Taisho's sales reports, or Taisho's compliance in other respects with this Agreement. Such ** inspections shall be at the expense of Vertex, unless a variation or error exceeding [***********] or the equivalent, is discovered in the course of any such ** inspection, whereupon the costs relating thereto shall be for the account of Taisho. Taisho will promptly pay to Vertex the full amount of any underpayment, together with interest thereon at the rate of [**************] assessed from the date payment was due.
Sales Reports and Records. During the term of this Agreement and after the first commercial sale of a product containing a Promising Compound, KISSEI shall deliver to VERTEX within 45 days after the end of each calendar quarter a written report showing KISSEI's computation of amounts due under this Agreement on Net Sales by KISSEI, its Affiliates and sublicensees during such calendar quarter and on account of the supply of bulk Promising Compound to KISSEI hereunder. All Net Sales shall be divided in each such report into sales by KISSEI and each Affiliate and sublicensee, as well as on a country-by-country basis, and shall state the rates of exchange used to convert the payments due to VERTEX into United States dollars from the currency in which such amounts are received by KISSEI. KISSEI will keep complete, true and accurate books of account and records for the purpose of showing the derivation of all amounts payable to VERTEX under this Agreement. Such books and records will be kept at KISSEI's principal place of business for at least three (3) years following the end of the calendar quarter to which they pertain, and will be open at all reasonable times for inspection by representatives of VERTEX for the purpose of verifying KISSEI's sales reports, or KISSEI's compliance in other respects with this Agreement. Such inspections shall be at the expense of VERTEX, unless a variation or error exceeding [ * ], or the equivalent, is discovered in the course of any such inspection, whereupon the costs relating thereto shall be for the account of KISSEI. KISSEI will promptly pay to VERTEX the full amount of any underpayment, together with interest thereon at the rate of [ * ] per annum, compounded monthly from the date payment was due.
