Common use of Statements of Account Clause in Contracts

Statements of Account. (a) The Visa Credit Card Department normally sends a monthly Statement to the Principal Cardholder. The Principal Cardholder should carefully examine all Statements and any other Account information received by them or accessed online and report any disputed Transactions, errors or omissions to us without undue delay. We recommend that Account details be reviewed online on a regular basis. In the event that there is a query concerning a Transaction on your Account please contact us immediately at our details below. (b) We will normally consider that there has been undue delay if you fail to notify us within 30 days of receipt of a statement showing the relevant Transaction. In any event, failure to notify us within 13 months of a Transaction being debited to your Account will always amount to undue delay. If there has been undue delay on your part in contacting us, we may not be able to compensate you for any loss you may have suffered. If an incorrect amount is debited or credited to your Account, we may make any necessary correcting entry on your Account without reference to you. (c) Subject to the liability provisions in Condition 17 below, unless you have reported to us any error or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days after receipt. In the absence of any such report within such period the Statement shall be deemed to have been irrevocably confirmed by you whether or not you have actually done so, to the intent that, save for any manifest error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded therein. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.

Statements of Account. Random House shall prepare a statement of account quarterly as of the 31st day of March, the 30th day of June, the 30th day of September and the 31st day of December for all three-month periods during which copies are sold, and shall send these statements within forty-five (a45) The Visa Credit Card Department normally sends a monthly Statement to days following the Principal Cardholder. The Principal Cardholder should carefully examine all Statements and any other Account information received by them or accessed online and report any disputed Transactions, errors or omissions to us without undue delay. We recommend that Account details be reviewed online on a regular basisend of the period. In the event that there any such payment is a query concerning a Transaction late, Random House shall pay the Proprietor interest on your Account please contact us immediately the amount overdue under the statement at our details below. (b) We will normally consider that there has been undue delay if you fail to notify us within 30 days the prevailing XX Xxxxxx/Xxxxx prime interest rate as of receipt the last date of a statement showing such thirty day period. The Proprietor’s share of amounts received from the relevant Transaction. In disposition of licenses granted under this Agreement shall be computed after deduction of any eventforeign taxes withheld, failure to notify us within 13 months bank charges and any of a Transaction being debited to your Account will always amount to undue delayRandom House’s sub-agent commissions for sub-agents unaffiliated with Random House. If there the Proprietor has received any overpayment or is otherwise indebted to Random House, Random House may deduct the undisputed amount due from any sum due or to become due to the Proprietor under this Agreement. Random House will use commercially reasonable efforts to provide TPR with a sales statement detailing an estimate of royalties earned, including shipments and actual returns on a title basis, for the preceding quarter within ten (10) business days after the end of each quarter and in a form substantially similar to that attached as Schedule 3. If, after two (2) full accounting periods following initial publication of the Work, in any six-month period the total income generated is less than [CONFIDENTIAL TREATMENT REQUESTED], Random House may defer rendering payment (but shall continue rendering statements) until such time as [CONFIDENTIAL TREATMENT REQUESTED] or more have been undue delay on your part generated. The Proprietor shall have the right, upon reasonable written notice, to examine the books and records of Random House as available insofar as they relate to the publication of the Works under this Agreement at Proprietor’s own expense, and provided that the examination is conducted during usual business hours and in contacting usaccordance with customary accounting procedures, we may not be able to compensate you for any loss you may have sufferedand occurs no more than once a year. If an incorrect any deficiencies, inconsistencies or mistakes are discovered and validated in any statement(s) or payment(s) due hereunder to TPR, they shall immediately be rectified and the appropriate payments made by Publisher. If a deficiency or mistake is discovered of more than [CONFIDENTIAL TREATMENT REQUESTED]between the amount is debited found to be due to TPR and the amount actually received by or credited to your AccountTPR, we may make any necessary correcting entry on your Account without reference to you. (c) Subject then Publisher shall be responsible for payment of the deficiency and for the reasonable costs and expenses of the audit and inspection by TPR up to the liability provisions in Condition 17 below, unless you have reported to us any error or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days after receipt. In the absence amount of any such report within such period the Statement shall be deemed to have been irrevocably confirmed by you whether or not you have actually done so, to the intent that, save for any manifest error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded thereindiscrepancy. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.

Statements of Account. Helm will mail, send electronically, or otherwise make available to you an Account statement reflecting your Account activity for each statement period. Xxxx will do the same with notices. Helm is authorized and directed to mail for each Account (except Time Deposits), to your last known address and at the close of each accounting period for the particular Account (as determined by Helm from time to time), a statement pertaining to the Account activity for the preceding accounting period, unless Xxxx is directed by you in writing to place the Account subject to a Hold Mail arrangement (see Paragraph 38) or E-Statement arrangement (see Paragraph 29). Xxxx will also send confirmations on your Time Deposits (“Confirmations”) unless your Accounts are subject to a Hold Mail arrangement or E-Statement arrangement. Helm shall have no liability for the safe delivery of Statements/Confirmations and accompanying items and documents mailed to Customer. If any Statements/ Confirmations are returned to Helm because of an incorrect address, Helm may stop sending Statements/Confirmations to you until the address is rectified by Customer. You agree to exercise reasonable care by promptly examining each statement and all accompanying items and documentation upon receipt, and promptly reporting to Helm any problem, irregularity or error in the Statements/Confirmations or in the Account, and particularly, any problem, irregularity or error relating to any payment, transfer, withdrawal, debit or credit in the Account. Because you are in the best position to detect problems, irregularities or errors of account, unauthorized signatures, endorsements or alterations of items, Customer shall be fully precluded from asserting any dispute or difference as to a Statement/Confirmation and from asserting any claim or cause of action against Helm for any payment, withdrawal, debit or transfer described in a Statement/Confirmation or evidenced by any of the accompanying items or documentation if: (a) The Visa Credit Card Department normally sends a monthly Statement you fail to exercise reasonable care in delivering written notice to Helm at the Principal Cardholder. The Principal Cardholder should carefully examine all Statements and Helm Office of any other Account information received by them alleged problem, irregularity or accessed online and report any disputed Transactionserror within twenty (20) calendar days after the Statement/ Confirmation, errors items or omissions documentation shall have been mailed or made available to us without undue delay. We recommend that Account details be reviewed online on a regular basis. In the event that there Customer, whichever is a query concerning a Transaction on your Account please contact us immediately at our details below. earlier, or (b) We will normally consider the item was forged so cleverly (as by unauthorized use of facsimile machine or otherwise) that there has been undue delay if the forgery or alteration could not be detected by a Helm employee. If you fail to notify us within 30 days of receipt of a statement showing provide such notice, you shall also be precluded from asserting against Helm any unauthorized signatures or alterations by the relevant Transactionsame wrongdoer on items paid by Xxxx after the time period mentioned above lapsed, but before Xxxx receives notice. In any event, failure to notify us within 13 months of a Transaction being debited to your Account will always amount to undue delay. If there has been undue delay on your part in contacting us, we may You shall not be able relieved of this obligation by reason of the fact that the Statement/Confirmation and accompanying documentation have been placed on Hold Mail; Customer being under an affirmative obligation to compensate retrieve such Statement/Confirmation and accompanying documentation at the Helm Office on the date that the Statement/ Confirmation and documentation are customarily sent or made available, and to review them within the twenty (20) calendar day period specified above. Similarly, you for shall not be relieved of this duty by reason of the fact that any loss you may have suffered. If an incorrect amount is debited Statement/ Confirmation and accompanying items or credited to your Account, we may make any necessary correcting entry on your Account without reference documents were not received or made available to you. (c) Subject to the liability provisions in Condition 17 below, unless you have reported to us any error shall notify Helm in writing thereof within twenty (20) calendar days from the date they are customarily sent or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days after receipt. In the absence of any such report within such period the Statement shall be deemed to have been irrevocably confirmed by you whether or not you have actually done so, to the intent that, save for any manifest error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded thereinmade available. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.

Statements of Account. (a) The Visa Credit Card Department normally sends a monthly Statement to the Principal Cardholder. The Principal Cardholder should carefully examine all Statements and any other Account information received by them or accessed online and report any disputed Transactions, errors or omissions to us without undue delay. We recommend that Account details be reviewed online on a regular basis. In the event that there is a query concerning a Transaction on your Account please contact us immediately at our details below. (b) We will normally consider that there has been undue delay if you fail to notify us within 30 days of receipt of a statement showing the relevant Transaction. In any event, failure to notify us within 13 months of a Transaction being debited to your Account will always amount to undue delay. If there has been undue delay on your part in contacting us, we may not be able to compensate you for any loss you may have suffered. If an incorrect amount is debited or credited to your Account, we may make any necessary correcting entry on 7 your Account without reference to you. (c) Subject to the liability provisions in Condition 17 below, unless you have reported to us any error or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days after receipt. In the absence of any such report within such period the Statement shall be deemed to have been irrevocably confirmed by you whether or not you have actually done so, to the intent that, save for any manifest error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded therein. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.

Statements of Account. (a) The Visa Credit Card Department Operations normally sends issues a monthly Statement to the Principal Cardholder. You can request this Statement more frequently if you require it by contacting us. The Principal Cardholder should carefully examine all Statements and any other Account information received by made available to them or accessed online and report any disputed Transactions, errors or omissions to us without undue delay. . (b) We recommend that Account details be reviewed online or via our App on a regular basis. In the event that there is a query concerning a Transaction on your Account please contact us immediately at on the contact details on our details below. Website, via our Open24 Service (bsubject to registration) or our App. We will normally consider that there has been undue delay if you fail to notify us within 30 days of receipt of a statement Statement or payment advice showing the relevant TransactionTransaction being made available to you. In any event, failure to notify us within 13 months of a Transaction being debited to your Account will always amount to undue delay. If there has been undue delay on your part in contacting us, we may not be able to compensate you for any loss you may have suffered. If an incorrect amount is debited or credited to your Account, we may make any necessary correcting entry on your Account without reference to you. (c) Subject to the liability provisions in Condition 17 18 below, unless you have reported to us any error or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days days after receipt. In the absence of any such report within such period it is made available to you, the Statement shall be deemed to have been irrevocably confirmed by you whether or not you have actually done so, to the intent that, save for any manifest obvious error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded therein. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.

Statements of Account. Bank is authorized and directed to mail for each Account (except Time Deposits), to your last known address and at the close of each accounting period for the particular Account (as determi- xxx by Bank from time to time), a statement pertaining to the Account activity for the preceding accounting period (“Statement”), unless Bank is directed by you in writing to place the Account is subject to a Hold Mail arrangement or E-Statement arrangement (see Paragraph 15). Bank will also send confirmations on your Time Deposits (“Confirmations”) unless your Accounts are subject to a Hold Mail arrangement or E-Statement arrangement. Bank shall have no liability for the safe delivery of Statements/Confirmations and accompan- ying items and documents mailed to Customer. If any Statements/Confirmations are returned to Bank becau- se of an incorrect address, Bank may stop sending Statements/Confirmations to you until the address is rectified by Customer. (a) The Visa Credit Card Department normally sends a monthly Statement you fail to exercise reasonable care in delivering written notice to Bank at the Principal Cardholder. The Principal Cardholder should carefully examine all Statements and Bank Office of any other Account information received by them alleged problem, irregularity or accessed online and report any disputed Transactionserror within twenty (20) calendar days after the Statement/Confirmation, errors items or omissions documentation shall have been mailed or made available to us without undue delay. We recommend that Account details be reviewed online on a regular basis. In the event that there Customer, whichever is a query concerning a Transaction on your Account please contact us immediately at our details below. earlier, or (b) We will normally consider the item was forged so cleverly (as by unauthorized use of facsimile machine or otherwise) that there has been undue delay if the forgery or alteration could not be detected by a Bank employee. If you fail to notify us within 30 days of receipt of a statement showing provide such notice, you shall also be precluded from asserting against Bank any unauthorized signatures or alterations by the relevant Transactionsame wrongdoer on items paid by Bank after the time period mentioned above lapsed, but before Bank receives notice. In any event, failure to notify us within 13 months of a Transaction being debited to your Account will always amount to undue delay. If there has been undue delay on your part in contacting us, we may You shall not be able relie- ved of this obligation by reason of the fact that the Statement/Confirmation and accompanying documenta- tion have been placed on Hold Mail; Customer being under an affirmative obligation to compensate retrieve such State- ment/Confirmation and accompanying documentation at the Bank Office on the date that the Statement/- Confirmation and documentation are customarily sent or made available, and to review them within the twenty (20) calendar day period specified above. Similarly, you for shall not be relieved of this duty by reason of the fact that any loss you may have suffered. If an incorrect amount is debited Statement/Confirmation and accompanying items or credited to your Account, we may make any necessary correcting entry on your Account without reference documents were not received or made available to you. (c) Subject to the liability provisions in Condition 17 below, unless you have reported to us any error shall notify Bank in writing thereof within twenty (20) calendar days from the date they are customarily sent or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days after receipt. In the absence of any such report within such period the Statement shall be deemed to have been irrevocably confirmed by you whether or not you have actually done so, to the intent that, save for any manifest error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded thereinmade available. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.

Statements of Account. 13.1 Licensee shall submit to Licensor monthly statements of account so as to be received by Licensor no later than twenty-five (a25) The Visa Credit Card Department normally sends days after the end of each monthly period throughout the Term and the Sell-off Period, regardless of whether any sales have taken place and/or any royalties are payable to Licensor. Licensee's statements shall be on forms designated by Licensor for Licensee's use, showing all information requested by such forms, including but not limited to, the number of Books sold by title (a monthly Statement sale shall be deemed to have occurred on the date the Book is shipped to the Principal Cardholdercustomer), the price(s) on which the royalty is calculated and the royalty payment due. The Principal Cardholder should carefully examine statement forms Licensor designates for Licensee's use may be changed from time to time, and Licensee agrees to use the most current form Licensor provides to Licensee. Licensee shall fully comply with all Statements of Licensor's instructions for completing such forms. Sales of books licensed under contracts with Licensor other than this Agreement shall not be reported on the same statement as sales of the Book under this Agreement. Sales to countries other than the United States, if any such are permitted, shall be reported separately by country. Royalty payments shown as due shall be delivered to Licensor with such statements. Royalties are also payable, and due with such statements, on inventory shrinkage that exceeds two percent (2%). Inventory shrinkage is defined as the reduction in Licensee's inventory of the Book which cannot be accounted for by sales or damaged copies. Licensee's statements and payments shall be directed to the attention of Licensor at X.X. Xxx 000000, Xxxxxxx, Xxxxxxx 00000, with a copy sent to the attention of Licensee's designated account executive at the address set forth in paragraph 18 hereof. To the extent that royalties are not paid, Licensor may offset royalties due hereunder against any sums which Licensor or any of its affiliates may owe to Licensee or any of its affiliates. No deduction or withholding from royalties payable shall be made by reason of any tax. GST applicable to royalties (including advances and guarantees) or to any other Account information received payments due to Licensor shall be indicated on the statement and paid to Licensor along with the royalty or other payment. My applicable tax on the manufacture, distribution and sale of the Book shall be borne by them or accessed online Licensee. 13.2 Licensee shall indicate on its statements the amount of any reserve for returns maintained and report Licensee shall not maintain an unreasonable reserve. In no event shall a reserve exceed fifteen percent (15%) of sales reported in any disputed Transactions, errors or omissions to us without undue delay. We recommend that Account details be reviewed online on a regular basisroyalty period unless with the written agreement of Licensor. In the event that there is a query concerning a Transaction on your Account please contact us immediately at our details below. (b) We will normally consider that there has been undue delay if you fail to notify us within 30 days actual returns exceed the reserve and cannot be recouped out of receipt of a statement showing royalties otherwise due in the relevant Transactionreporting period or any subsequent reporting period, Licensor shall refund at the end of the Term, or at the end of the Sell-off Period if any, unearned royalties previously paid in excess of any advances and subject to payment by Licensee when due of any guarantee obligation. In Such refund may be applied by Licensor against any event, failure to notify us within 13 months of a Transaction being debited to your Account will always amount to undue delay. If there has been undue delay on your part in contacting us, we late charges that may not be able to compensate you for any loss you may have suffered. If an incorrect amount is debited or credited to your Account, we may make any necessary correcting entry on your Account without reference to you. (c) Subject to the liability provisions in Condition 17 below, unless you have reported to us any error or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days after receiptdue by Licensee hereunder. In the absence event that reserves exceed actual returns, Licensee shall pay royalties on the difference with Licensee's final statement of any such report account for the Term, or for the Sell-off Period if any. 13.3 Royalties received later than the due date shall bear interest at eighteen percent (18%) per annum from the due date, or at the maximum rate permissible by law if less than eighteen percent (18%). 13.4 Within thirty (30) days prior to the beginning of each royalty reporting period and within such period ninety (90) days prior to the Statement beginning of each calendar year, Licensee shall submit to Licensor a forecast of the expected net sales and royalties for each title of the Book for each respective time period. 13.5 Licensee shall take all necessary steps to ensure that its information systems, including without limitation, all its proprietary and all third party hardware and software, process dates correctly prior to, during and after the calendar year 2000 ("Year 2000 Compliance"). Year 2000 Compliance shall include, without limitation, correct century recognition, calculations that properly accommodate same century and multi-century formulas and date values, and interface values that reflect the appropriate century. Necessary steps to ensure Year 2000 Compliance shall include, without limitation, analysis of all components of Licensee's information systems and as necessary, development, installation and testing of software fixes, patches and/or updates. In a timely manner, but no later than by December 31, 1998, Licensee shall certify to Licensor in writing that its information systems are Year 2000 Compliant. Such certification is a material term of this Agreement. Upon a breach by Licensee of its obligation under this paragraph, Licensor shall be deemed entitled to have been irrevocably confirmed by you whether or not you have actually done so, to terminate this Agreement in accordance with the intent that, save provisions for any manifest error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded thereintermination set forth herein. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.

Statements of Account. (a) The Visa Credit Card Department normally sends a monthly Statement to the Principal Cardholder. You can request this Statement more frequently if you require it by contacting us. The Principal Cardholder should carefully examine all Statements and any other Account information received by them or accessed online and report any disputed Transactions, errors or omissions to us without undue delay. We recommend that Account details be reviewed online on a regular basis. In the event that there is a query concerning a Transaction on your Account please contact us immediately at on the contact details on our details belowWebsite. (b) We will normally consider that there has been undue delay if you fail to notify us within 30 days of receipt of a statement Statement or payment advice showing the relevant Transaction. In any event, failure to notify us within 13 months of a Transaction being debited to your Account will always amount to undue delay. If there has been undue delay on your part in contacting us, we may not be able to compensate you for any loss you may have suffered. If an incorrect amount is debited or credited to your Account, we may make any necessary correcting entry on your Account without reference to you. (c) Subject to the liability provisions in Condition 17 below, unless you have reported to us any error or discrepancy in a Statement, you shall be obliged to confirm the Statement within 30 Business Days days after receipt. In the absence of any such report within such period period, the Statement shall be deemed to have been irrevocably confirmed by you whether or not you have actually done so, to the intent that, save for any manifest obvious error, the Statement shall as regards you thenceforth be conclusive evidence of the correctness of the entries recorded therein. (d) Furthermore, the failure to make any such report or confirmation within the periods mentioned above, or the making of a confirmation shall constitute a representation by you to us that the Statement is correct and shall be an agreement by you that we shall thenceforth not be liable for any loss to which you may suffer howsoever arising in relation to any entries or the balance appearing in the Statement. (e) We shall keep internal records for a sufficient period of time to enable operations to be traced and any errors notified to us to be rectified. (f) In the event of any inconsistency between our records as to the Account balance and the Account balance as stated in the Statement, our records shall be conclusive evidence of the Account balance and the interest accrued thereon.