YEAR-END ACCOUNTING. At the end of each fiscal year, Calavo shall make available to THP a written final accounting of all THP papaya delivered to and marketed by Calavo, said accounting to include a physical inventory of all papaya in storage.
YEAR-END ACCOUNTING. Within ninety (90) days after the close of each calendar year or as soon thereafter as practicable, MB shall calculate the actual amount of expenses payable for the subject calendar year and apply them to the each Sharing Percentage. If the aggregate amount of the assessments paid by Nine99 during the subject calendar year was lesser or greater than the Share Percentage required of Nine99, then the difference shall be paid by Nine99 to MB or refunded by MB to Nine99 (or credited against any other amounts due or to become due from Nine99 to MB), as the case may be, within thirty (30) days of the date of MB’s written notice as to the actual costs for the subject calendar year. Nine99’s obligation to pay any deficiency hereunder, and MB’s obligation to refund (or credit) any excess payment hereunder, shall be subject to the remedies set forth in Sections 3, 4 and 5 above, provided, however, the decision as to whether to refund or credit the excess collections should be at the sole discretion of MB. Likewise, if the aggregate amount of the assessments paid by MM during the subject calendar year was lesser or greater than the Share Percentage required of MM, then the difference shall be paid by MM to MB or refunded by MB to MM (or credited against any other amounts due or to become due from MM to MB), as the case may be, within thirty (30) days of the date of MB’s written notice as to the actual costs for the subject calendar year. MM’s obligation to pay any deficiency hereunder, and MB’s obligation to refund (or credit) any excess payment hereunder, shall be subject to the remedies set forth in Sections 3, 4 and 5 above, provided, however, the decision as to whether to refund or credit the excess collections should be at the sole discretion of MB.
