Payment of Deficiency. If any audit establishes that LICENSEE underpaid any amounts due to PFIZER under this Agreement, then LICENSEE shall pay PFIZER any such deficiency within [***] after receipt of written notice thereof. For the avoidance of doubt, such payment will be considered a late payment, subject to Section 5.1.5. If any audit establishes that LICENSEE overpaid any amounts due to PFIZER under this Agreement, then LICENSEE shall be entitled to take a credit against future amounts becoming due to PFIZER equal to the overpaid amount.
Appears in 2 contracts
Samples: License Agreement (Puma Biotechnology, Inc.), License Agreement (Puma Biotechnology, Inc.)
Payment of Deficiency. If any audit establishes that LICENSEE underpaid any amounts due to PFIZER under this Agreement, then LICENSEE shall pay PFIZER any such deficiency within [***] ** after receipt of receiving written notice thereof. For thereof and if the avoidance of doubtunderpayment by LICENSEE is more than ***** as to the period subject to the audit, such payment deficiency will be considered a late payment, payment subject to Section 5.1.5. If any audit establishes that LICENSEE overpaid any amounts due to PFIZER under this Agreement, then LICENSEE shall be entitled to take a credit against future amounts becoming due to PFIZER equal to the overpaid amount5.1.8.
Appears in 2 contracts
Samples: License Agreement (Arog Pharmaceuticals, Inc.), License Agreement (Arog Pharmaceuticals, Inc.)