Common use of Audit Results Clause in Contracts

Audit Results. If such accounting firm concludes that additional royalties were owed during such period, MN shall pay the additional royalties within sixty (60) days of the date KR delivers to MN such accounting firm’s written report so concluding; provided, however, that, in the event that MN shall not be in agreement with the conclusion of such report (a) MN shall not be required to pay such additional royalties and (b) such matter shall be resolved pursuant to the provisions of Section 11.6 herein. In the event such accounting firm concludes that amounts were overpaid by MN during such period, MN shall have a credit against future royalties payable to KR in the amount of such overpayment; provided, however, that in the event that KR shall not be in agreement with the conclusion of such report (a) MN shall not have such a credit and (b) such matter shall be resolved pursuant to the provisions of Section 11.6 herein. The fees charged by such accounting firm shall be paid by KR; provided, however, if the audit discloses that the royalties payable by MN for the audited period are more than one hundred ten percent (110%) of the royalties actually paid for such period, then MN shall pay the reasonable fees and expenses charged by such accounting firm. Upon the expiration of thirty-six (36) months following the end of any Royalty Year, the calculation of royalties payable with respect to such Royalty Year shall be binding and conclusive upon KR and MN shall be released from any liability or accountability with respect to royalties for such Royalty Year.

Audit Results. If In the event that such accounting firm concludes that additional royalties or other payments were owed to MS during such period, MN shall pay the additional royalties remit to MS, within sixty thirty (6030) days of the date KR delivers to receipt by MN of written notice from such accounting firm’s written report so concluding; providedconclusion, however, that, in the event that MN shall not be in agreement with the conclusion amount of such report (a) MN shall not be required to pay such additional royalties or other payments and (b) such matter shall be resolved interest thereon calculated pursuant to the provisions of Section 11.6 herein6.5. In the event such accounting firm concludes that amounts were overpaid by MN during such period, MS shall return to MN shall have a credit against future royalties payable to KR in the amount of such overpaymentoverpayment within thirty (30) days from receipt by MS of written notice from such accounting firm concluding that amounts were overpaid by MN. The fees and expenses charged by such accounting firm shall be paid by MS; provided, however, that in the event that KR shall not be any such audit reveals an error in agreement with the conclusion favor of such report MN (ai.e. underpayment by MN) MN shall not have such a credit and (b) such matter shall be resolved pursuant to the provisions of Section 11.6 herein. The fees charged by such accounting firm shall be paid by KR; provided, however, if the audit discloses that the royalties payable by MN for the audited period are more than one hundred ten percent (110%) [***] of the royalties actually paid for such periodor other payments due hereunder, then MN shall pay the reasonable fees and expenses expense charged by such accounting firmfirm in connection with such audit. Upon the expiration of thirty-six (36) months following the end of any Royalty Year[***], the calculation of royalties or other payments payable with respect to such Royalty Year shall be binding and conclusive upon KR MS and MN shall be released from any liability or accountability with respect to royalties or other payments for such Royalty Year.

Audit Results. If MPC or such accounting firm concludes that additional royalties were owed during such period, MN shall pay the additional royalties remit to MPC within sixty thirty (6030) days of the date KR MPC delivers to MN such accounting firm’s or MPC’s written report so concluding: (i) the amount of such additional royalties and (ii) interest on the amount of such additional royalties which shall be calculated pursuant to Section 6.4; provided, however, that, in the event that MN shall not be in agreement with the conclusion of such report (a) MN shall not be required to pay such additional royalties unless and until (b) such matter shall be is resolved pursuant to the provisions of Section 11.6 12.6 herein. In the event such accounting firm concludes that amounts were overpaid by MN during such period, MN shall have a credit against future royalties payable to KR MPC in the amount of such overpayment; provided, however, that in the event that KR MPC shall not be in agreement with the conclusion of such report (a) MN shall not have such a credit unless and until (b) such matter shall be is resolved pursuant to the provisions of Section 11.6 12.6 herein. The fees charged by such accounting firm shall be paid by KRMPC; provided, however, that if the audit discloses that the royalties payable by MN for the audited period are an error in favor of MPC of more than one hundred ten seven and one-half percent (1107.5%) of the royalties actually paid due hereunder for such periodthe period being reviewed is discovered, then MN shall pay the reasonable fees and expenses charged by such accounting firm. Upon the expiration of thirty-six (36) months following the end of any Royalty Year, the calculation of royalties payable with respect to such Royalty Year shall be binding and conclusive upon KR MPC and MN shall be released from any liability or accountability with respect to royalties for such Royalty Year.

Audit Results. If MPC or such accounting firm concludes that additional royalties were owed during such period, MN shall pay the additional royalties remit to MPC within sixty thirty (6030) days of the date KR MPC delivers to MN such accounting firm’s or MPC’s written report so concluding: (i) the amount of such additional royalties and (ii) interest on the amount of such additional royalties which shall be calculated pursuant to Section 6.4; provided, however, that, in the event that MN shall not be in agreement with the conclusion of such report (a) MN shall not be required to pay such additional royalties and (b) such matter shall be resolved pursuant to the provisions of Section 11.6 herein. In the event such accounting firm concludes that amounts were overpaid by MN during such period, MN shall have a credit against future royalties payable to KR MPC in the amount of such overpayment; provided, however, that in the event that KR MPC shall not be in agreement with the conclusion of such report (a) MN shall not have such a credit and (b) such matter shall be resolved pursuant to the provisions of Section 11.6 herein. The fees charged by such accounting firm shall be paid by KRMPC; provided, however, that if the audit discloses that the royalties payable by MN for the audited period are an error in favor of MPC of more than one hundred ten seven and one-half percent (1107.5%) of the royalties actually paid due hereunder for such periodthe period being reviewed is discovered, then MN shall pay the reasonable fees and expenses charged by such accounting firm. Upon the expiration of thirty-six (36) months following the end of any Royalty Year, the calculation of royalties payable with respect to such Royalty Year shall be binding and conclusive upon KR MPC and MN shall be released from any liability or accountability with respect to royalties for such Royalty Year.