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.
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).
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. 4.1,4.2,4.3 Intentionally Deleted.
SALES REPORTS AND RECORDS. On or before the 15th day of each calendar quarter during the Term, Tenant shall prepare and deliver to Landlord at the place where rental is then payable and to the City a certified statement of Gross Revenues made during the preceding calendar quarter. In addition, by March 31 of each Lease Year after the first Lease Year, Tenant shall prepare and deliver to Landlord at the place where rental is then payable and to the City a certified statement of Gross Revenues during the preceding Lease Year. Such statements shall be certified to be correct by a senior officer of Tenant. Tenant shall also furnish to Landlord and the City a copy of each periodic report (whether monthly, quarterly, or annually) as and when furnished by Tenant to any governmental authority with respect to sales or excise tax paid to such authority by Tenant. For the purpose of ascertaining the amounts payable as Rent hereunder, Tenant covenants and agrees to maintain at the Premises, books of accounts covering all sales made by Tenant in connection with its operation of the Premises and records of all sales of merchandise and revenue derived from business conducted at the Premises, and supporting records such as tax reports and banking records. Such books and records shall be retained and preserved for at least thirty-six (36) months after the end of the Lease Year to which they relate, and shall be subject to audit and inspection by Landlord and the City and their agents at all reasonable times upon advance written request. Such books and records shall be consistent with Tenant's normal operating procedures. Upon reasonable advance written notice to Tenant and not more than twice in any calendar year (unless Landlord or the City has reasonable grounds to suspect that Tenant is underpaying Rent), Landlord and the City and their authorized representatives shall have the right to audit and inspect, at their own expense, Tenant's books of account during regular business hours. If such audit or inspection discloses a deficiency in the payment of Rent, Tenant shall promptly pay such deficiency. If such audit or inspection shall disclose an overpayment by Tenant of Rent, Tenant shall be entitled to a credit in the amount of such overpayment after deducting the reasonable out-of-pocket cost of such audit or inspection against the next installments of Rent due hereunder. If such audit or inspection shows that Rent has been underpaid by three percent (3%) or more, Tenant shall pay the actual and ...
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.
SALES REPORTS AND RECORDS. .......................................8
SALES REPORTS AND RECORDS. 5.1 By the fifteenth (15th) day of each month Tenant shall deliver to Landlord a statement of Gross Sales for the preceding calendar month and for the Lease Year (or Stub Period) to date, certified by Tenant to be accurate; such statement shall reflect total Gross Sales, Gross Sales per leasable square foot of area in the Premises, and whether the Breakpoint (or Stub Period Breakpoint) has been reached or exceeded. Within sixty (60) days after the expiration of each Lease Year and within sixty (60) days after termination of this Lease, Tenant shall deliver to Landlord a like statement of Gross Sales for the preceding Lease Year (or Stub Period), certified to be correct by Tenant. Tenant shall furnish similar statements for any licensees, concessionaries and subtenants. All such statements shall be in such form and shall be accompanied by such supporting information as Landlord may reasonably require. If any such statement discloses an error in the calculation of the Percentage Rental for any period, an appropriate adjustment shall be made. If Tenant fails to timely furnish any Gross Sales statement when due and such statement has not been delivered within 10 days after written notice from Landlord, Landlord may charge a fee of Twenty Five Dollars ($25.00) per day until the required statement is furnished, from and after the date on which such statement was due.
SALES REPORTS AND RECORDS. 9 ARTICLE 6:
SALES REPORTS AND RECORDS. 5.1 [OMITTED]
