Underpayment/Overpayment and Payment Disputes. In the event an examining auditor specified in Sections 4.11.5 or 4.11.6 concludes that an underpayment or overpayment was made, the auditor will specify such in a written report along with the information on which such conclusion is based. This report will be shared promptly with the audited Party. The amount of any such underpayment or the reimbursement of any such overpayment shall be due and payable by the audited Party within forty-five (45) days of the date of such report, PROVIDED THAT if a Party disputes the conclusion of the auditor, the Parties will resolve the dispute according to Article 13. If the underpayment by the audited Party or the overpayment by the auditing Party differs by greater than five percent (5%) from the amount that was otherwise due, the audited Party shall pay all of the costs of such review, together with interest calculated on the amount of such underpayment or overpayment in the manner provided in Section 4.11.3.
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Samples: Collaboration and License Agreement (Momenta Pharmaceuticals Inc), Collaboration and License Agreement (Momenta Pharmaceuticals Inc)
Underpayment/Overpayment and Payment Disputes. In the event an examining auditor specified in Sections 4.11.5 or 4.11.6 concludes that an underpayment or overpayment was made, the auditor will specify such in a written report along with the information on which such conclusion is based. This report will be shared promptly with the audited Party. The amount of any such underpayment or the reimbursement of any such overpayment shall be due and payable by the audited Party within forty-five (45) days of the date of such report, PROVIDED THAT provided that if a Party disputes the conclusion of the auditor, the Parties will resolve the dispute according to Article 13. If the underpayment by the audited Party or the overpayment by the auditing Party differs by greater than five percent (5%) from the amount that was otherwise due, the audited Party shall pay all of the costs of such review, together with interest calculated on the amount of such underpayment or overpayment in the manner provided in Section 4.11.3.
Appears in 1 contract
Samples: Collaboration and License Agreement (Momenta Pharmaceuticals Inc)
Underpayment/Overpayment and Payment Disputes. In the event an examining auditor specified in Sections 4.11.5 or 4.11.6 Section 4.4.6 concludes that an underpayment or overpayment was made, the auditor will specify such in a written report along with the information on which such conclusion is based. This report will be shared promptly with the audited Party. The amount of any such underpayment or the reimbursement of any such overpayment shall be due and payable by the audited Party within forty-five (45) [**] days of the date of such report, PROVIDED THAT together with interest calculated on the amount of such underpayment or overpayment in the manner provided in Section 4.4.4; provided that if a Party disputes the conclusion of the auditor, the Parties will resolve the dispute according to Article 13. If the underpayment by the audited Party or the overpayment by the auditing Party differs by greater than five percent (5%) from the amount that was otherwise due, the audited Party shall pay all of the costs of such review, together with interest calculated on the amount of such underpayment or overpayment in the manner provided in Section 4.11.3.
Appears in 1 contract
Samples: Collaboration and License Agreement (Momenta Pharmaceuticals Inc)