Payment and Records. Ask Jeeves and Customer agree to the payment terms set forth in Exhibit B attached hereto, and shall follow the payment procedure set forth in Exhibit B attached hereto.
Payment and Records. 1. IBM will pay Contractor for services under this Agreement in accordance with the Statement of Work and as specified on the purchase orders issued hereunder by IBM.
Payment and Records. 5.01. Within sixty (60) days of June 30 and December 31 of each calendar year following the first commercial sale by Licensee of an AAV Product, Licensee shall provide St. Jude with a statement setting forth for each of the AAV Products sold by Licensee, Affiliates or Sub-Licensees (without duplication) during the preceding six-month period (from January 1 to June 30 or July 1 to December 31), on a country-by-country basis the Net Sales for each AAV Product for the six month period, a listing of applicable reductions and deductions on an aggregate basis, the total royalty owed for the six month period based on Net Sales of each AAV Product in U.S. dollars, together with exchange rates used for conversion of foreign proceeds, and any credits taken based on prior payment of an annual maintenance fee according to Article 4.02 or royalty offset Certain confidential information contained in this document, marked by [**], has been omitted because the information (i) is not material and (ii) would likely cause competitive harm to the Company if publicly disclosed. according to Article 4.05 in the same calendar year. If no royalties are due to St. Jude for the period, the report shall so state. Concurrent with this report, Licensee shall remit to St. Jude any payment due for the applicable six month period.
Payment and Records. 6.01 Buyer shall pay Seller for Services under this Agreement in accordance with rates specified in Orders issued hereunder. Such rates, including any applicable discount schedules, shall not exceed those shown in an Order incorporated herein by this reference.
Payment and Records. A. BNY shall pay Company for services performed pursuant to this Agreement and any Work Statement issued hereunder, in accordance with the fee schedule included in the relevant Work Statement. Unless specifically defined within a Work Statement, payment of invoices, which are in good order, shall be made within 30 days after receipt of each invoice by BNY. A "
Payment and Records. For the purpose of computing the royalties referred to in paragraph G of this Agreement, payment will be dispensed to licensor monthly beginning Feb 1st until June 1st, at which point thereafter quarterly (Oct. 1st, Jan. 1st, April 1st, July 1st). Within thirty (30) days after the end of each quarter, reports shall be made by Licensee to Licensor setting forth the number of RotaFlex units which have been sold and for which payment has been received during the preceding quarter. Licensee's remittance for the full amount of royalties due for such period shall accompany such reports commencing in the second calendar quarter and thereafter, if payment is received for units shipped in a prior period, Licensee shall account for such payments received on a cash basis of accounting and pay those funds received over to the Licensor within thirty (30) days following the close of the calendar quarter in which such funds are received. Licensee's remittance for the full amount of royalties due for such quarter shall accompany such reports. Licensee agrees to keep complete and correct books and records of the number, sales price and amounts received for RotaFlex unites sold under the license herein granted. Licensor or its representative shall have the right to examine Licensee's books and records at all reasonable times on at least ten (10) days prior written notice, during business hours at Licensee's place of business, to the extent and in so far as is necessary to verify the accuracy of the above-referenced reports.
Payment and Records. Simultaneously with the submission of each report, USSC shall pay to IDI by check or bank transfer the full amount of the Royalty payable to IDI for the report period under the terms of this Agreement. Within [*****] after the end of each calendar year, USSC shall calculate the Royalties actually payable with respect to [***] during such calendar year using the [*****]for such calendar year and shall provide a report to IDI setting forth such calculation. If the Royalties previously paid by USSC with respect to [*****] during such calendar year [******]], USSC shall pay the additional amount to IDI by check or bank transfer simultaneously with the submission of such report to IDI. If the Royalties previously paid by USSC [******] during such calendar year are [*******], unless the amount exceeds [**********]in which event such amount shall be paid by IDI to USSC within thirty (30) days of IDI receiving such Royalty report. USSC shall maintain records in sufficient detail and, upon reasonable notice, [***********]. Such examinations shall occur on or after February 15 of any calendar year [*******], only during business hours, and not more than once a year, and shall be solely for the purpose of verifying the calculation of the Royalty due under this Agreement. A final such examination may occur once during the year immediately succeeding termination of this Agreement. In the event [************]. In any other event, the fees and expenses [***] shall be borne by IDI. Unless written objection is CONFIDENTIAL TREATMENT REQUESTED made by IDI and delivered to USSC within 60 days after completion of such examinations, the calculation of Royalties paid by USSC prior to the date of such examination shall be final and binding on the Parties, except insofar as adjusted or corrected as a result of USSC's regular annual audit. The results of any audit conducted pursuant to this Section 5.2 shall be binding upon the Parties. In the event that, as a result of any such audit, there is any adjustment in the Royalty payable by USSC to IDI for the period covered by the audit, (a) if the Royalties previously paid by USSC with respect to the period covered by the audit are less than the Royalties actually payable to IDI with respect to such period, USSC shall pay the additional amount to IDI by check or bank transfer within sixty (60) days after completion of the audit and (b) if the Royalties previously paid by USSC with respect to the period covered by the audit are greater...
Payment and Records. Royalties payable pursuant to Section 3.1 above for a reported period shall be due and payable, to the extent calculated and set forth in the corresponding quarterly report delivered to Licensor pursuant to Section 4.1 simultaneously with the submission of such report. The full amount of all Royalties, when due, shall be paid to Licensor by certified check or bank transfer. In order to enable an independent certified public accounting firm (the “CPA Firm”) appointed by Licensor and reasonably acceptable the Company to verify the proper determination of Royalties, the Company shall maintain records in sufficient detail to allow for such verification, and, subject to Article 5 below and upon reasonable notice, allow the CPA Firm to examine the Company consolidated books and records, and to the extent necessary the books and records of its Affiliates pertaining to Product sales subject to the Company Royalty obligations hereunder (such examination, the “Examination”). Examinations shall occur during business hours, and not more than once a year, and shall be solely for the purpose of verifying the calculation of Royalties due under the Agreement. The CPA Firm shall furnish a copy of any Examination results to Licensor and the Company promptly after completion thereof, together with all work papers. Any underpayment of Royalties due to Licensor will be rectified in thirty (30) days. The Company shall pay the reasonable costs, fees and expenses of the CPA Firm that may otherwise be due and payable by the Licensor to the CPA Firm for an examination conducted by it pursuant to this Section 4.2, if and only if as a result of such Examination it is determined that the Company underpaid the total amount due to the Licensor, applicable to the period that was the subject of such Examination by more than five percent (5%).
