Common use of Periodic Statements Clause in Contracts

Periodic Statements. Within thirty (30) days after the first day of the license period, and promptly on the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licensee. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 3 contracts

Samples: Famous Fixins Inc, Famous Fixins Inc, Famous Fixins Inc

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Periodic Statements. Within thirty (30) days after the first day of the license period, and promptly on the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basisupon request by Licensor, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not by divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licensee. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. 4.B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 3 contracts

Samples: www.ipmall.info, Starter Corp, Starter Corp

Periodic Statements. (a) Within thirty (30) days after the first day end of the license period, first fiscal quarter after the date of execution of the License Agreement and promptly on the 15th 25th day after the end of every calendar month each fiscal quarter thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume (i) number of each units; (ii) country in which manufactured, sold, distributed and/or to which shipped; (iii) Description (as such term is defined below) of the Licensed Product Products and/or Licensed Premiums; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, price or Net Purchase Price (if applicable); and (v) itemized deductions from gross sales price, price and net sales price of the Licensed Product(s(if applicable) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar monthfiscal quarter. Such statements shall be in such formats as Licensor shall reasonably require (which formats may be amended by Licensor from time to time) and shall be furnished to Licensor whether or not any of the Licensed Product(s) Products and/or Licensed Premiums have been sold, or any payment is shown distributed during fiscal quarters to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor officer of Licensee showing the sales volume (i) number of each units; (ii) country in which manufactured, sold, distributed and/or to which shipped; (iii) Description of the Licensed Product Products and/or Licensed Premiums; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, price or Net Purchase Price (if applicable); and (v) itemized deductions from gross sales price and net sales price (if applicable) of the Licensed Product(s) Products and/or Licensed Premiums covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.Paragraph 5(a), the term "

Appears in 2 contracts

Samples: Promotional License Agreement (Poore Brothers Inc), Retail and Promotional (Poore Brothers Inc)

Periodic Statements. (a) Within thirty (30) days after the first day initial shipment of the license period, Licensed Products and promptly on the 15th thirtieth (30th) day of every calendar month quarter thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, broken down into the categories set forth in Paragraph 4.(c) and showing with respect to all Licensed Products distributed and sold by Licensee during the sales volume preceding calendar quarter the (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) Description (as such term is defined below) of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar monthquarter. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown sold during calendar quarters to be due Licensor, during the calendar months in which such statements are duerefer. Licensee shall furnish also include with each quarterly statement a statement which shows the amounts spent during such quarter with respect to Licensor sufficient background information so the Promotional Commitment as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseedefined in Paragraph 1.(m)(i). Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) Description of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price and net sales price of the Licensed Product(s) Products covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.subparagraph, the term "

Appears in 2 contracts

Samples: License Agreement (Play by Play Toys & Novelties Inc), License Agreement (Play by Play Toys & Novelties Inc)

Periodic Statements. Within thirty (30) days after the first day of the license period, and promptly on the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, allowable itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basisrequest of Licensor (but not more than once per calendar year during the license period), a complete list of Licensee's customers to whom Licensed Product(s) have been soldsold and corresponding information regarding distribution of such accounts. Licensor agrees that it will not divulge said customer list to any other licenseelicensee of Licensor, to any other competitor licensing organization, or to any competitor of Licensee, as identified by Licensee, except as required by law. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. 4(C). Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee and Licensee Affiliates to the date of the Licensor's demand. Licensee shall additionally provide, on Licensor's written request and at Licensee's cost, the audited financial statements for Licensee and or any Licensee Affiliate for the requested year(s). All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: License Agreement (Famous Fixins Inc)

Periodic Statements. (a) Within thirty (30) days after the first day end of the license period, first calendar quarter after the date of execution of the License Agreement and promptly on the 15th day after the end of every each calendar month * Confidential Portions Omitted and Filed Separately with the Commission. thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Products distributed and sold by Licensee during the sales volume preceding calendar month the (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) description (as such term is defined below) of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown sold during calendar month to be due Licensor, during the calendar months in which such statements are duerefer. In the event Licensee has Royalties earned in currencies other than in U.S. Dollars, then Licensee shall furnish to Licensor sufficient background information so convert said amounts into U.S. Dollars based upon the exchange rate published by the Wall Street Journal as to make of the fifteenth day of the applicable month or if such statements intelligible to Licensor, and day shall fall on an annual basis, a complete list non-business day then as of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge the first business day following said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseefifteenth day. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) description of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price and net sales price of the Licensed Product(s) Products covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.Subparagraph, the term

Appears in 1 contract

Samples: License Agreement

Periodic Statements. (a) Within thirty THIRTY (30) days after the first day initial shipment of the license period, Licensed Product(s) and promptly on the 15th thirtieth (30th) day of after every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Product(s) distributed and sold by Licensee during the sales volume preceding calendar month the number of each units, description of items sold (specifying the components of the Licensed Product (itemized by Club, for each applicable Property utilized and specifying the nature of the Licensed ProductProduct(s), gross sales price, price and itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, sold during the calendar months in to which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of on any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve TWELVE (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume number, description of each items sold specifying the components of the Licensed Product (itemized by Club, for each applicable Property utilized and nature of Licensed ProductProduct(s), gross sales price, price itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: Retail License (Decor Group Inc)

Periodic Statements. Within thirty (30) days after LICENSEE shall furnish LICENSOR, quarterly, commencing with the first day Royalty Quarter (as defined in Item 9 of Schedule A) following the license periodexecution of this Agreement and continuing until a final certification of wind-up is delivered, and promptly on with a detailed statement (the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements"Quarterly Statement"), certified to be accurate by Licensee, or if a corporation, by an authorized officer of LicenseeLICENSEE, showing the sales volume of cumulatively and separately for each Licensed Product the following: (itemized by Cluba) the line, for each applicable Licensed Product)item, gross sales pricedesign, itemized deductions from gross sales pricenumber, description and net sales price of the Licensed Product(s) Products sold or distributed and/or sold by Licensee during the preceding calendar monthRoyalty Quarter, together with (b) any actual returns of the Licensed Products made during the preceding calendar monthRoyalty Quarter, and (c) the amount of payment due LICENSOR. Such statements Quarterly Statements shall be furnished to Licensor LICENSOR within +++++ days after the end of the Royalty Quarter for which such Statement is made. In addition, LICENSEE shall furnish LICENSOR, annually, commencing with the first Royalty Year and continuing until a final certification of wind- up is delivered, with a detailed statement (the "Annual Statement"), certified to be accurate by an authorized officer of LICENSEE, showing cumulatively and separately for each Nautica Product the following: (i) the line, item, design, number, description and price of the Licensed Products sold or distributed during the preceding Royalty Year; (ii) any actual returns of Licensed Products made during the preceding Royalty Year; and (iii) the amount of payment due LICENSOR. Such Annual Statements shall be furnished to LICENSOR, within ++++++++++ days after the end of the Royalty Year for which such Statement is made and shall be accompanied by payment to LICENSOR of any amounts of royalty in excess of minimum royalties paid that may be due LICENSOR. The Quarterly and Annual Statements shall be furnished to LICENSOR whether or not there is any distribution or sales of Licensed Products during the preceding Royalty Quarter, and whether or not any amounts are then due LICENSOR. The failure or refusal of the Licensed Product(s) have been soldLICENSEE to timely furnish any Quarterly or Annual Statement or payments shall be deemed a substantial and material breach of this Agreement and shall entitle LICENSOR, or without any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list prejudice to any other licenseeright which LICENSOR may have under law, in contract or in equity for such breach, to any other competitor licensing organization, or to any competitor of Licenseeterminate the License. Receipt The receipt or acceptance by Licensor LICENSOR of any of the statements Quarterly or Annual Statements furnished pursuant to this Agreement hereto or of any sums payments made hereunder (or the cashing of any checks paid hereunder hereunder) shall not preclude Licensor LICENSOR from questioning the correctness thereof at any time, and in . In the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments payment shall immediately be made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars onlyLICENSEE.

Appears in 1 contract

Samples: License Agreement (Chaus Bernard Inc)

Periodic Statements. Within thirty (30) days after the first day of the license periodTerm, and promptly on the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each the Licensed Product (itemized by Club, for each applicable Licensed Product)Products, gross sales price, itemized deductions from gross sales price, and net sales price of the Licensed Product(s) Products distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) Products have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licensee. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. 4. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product)Products, gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) Products covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: Victor Ebner Enterprises Inc

Periodic Statements. (a) Within thirty THIRTY (30) days after the first day initial shipment of the license period, Licensed Product(s) and promptly on the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Product(s) distributed and sold by Licensee during the sales volume preceding calendar month the number of each units, description of items sold (specifiying the components of the Name and Character utilized and specifiying the nature of the Licensed Product (itemized by Club, for each applicable Licensed ProductProduct(s), gross sales price, price and itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made make during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, sold during the calendar months in to which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its it's own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume number, description of each items sold specifying of the Name and Character utilized and nature of Licensed Product (itemized by Club, for each applicable Licensed ProductProduct(s), gross sales price, price itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: License Agreement (Play by Play Toys & Novelties Inc)

Periodic Statements. Within thirty (30) days after LICENSEE shall furnish LICENSOR, quarterly, commencing with the first day Royalty Quarter (as defined in Item 9 of Schedule A) following the license periodexecution of this Agreement and continuing until a final certification of wind-up is delivered, and promptly on with a detailed statement (the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements"Quarterly Statement"), certified to be accurate by Licensee, or if a corporation, by an authorized officer of LicenseeLICENSEE, showing the sales volume of cumulatively and separately for each Licensed Product the following: (itemized by Cluba) the line, for each applicable Licensed Product)item, gross sales pricedesign, itemized deductions from gross sales pricenumber, description and net sales price of the Licensed Product(s) Products sold or distributed and/or sold by Licensee during the preceding calendar monthRoyalty Quarter, together with (b) any actual returns of the Licensed Products made during the preceding calendar monthRoyalty Quarter, and (c) the amount of payment due LICENSOR. Such statements Quarterly Statements shall be furnished to Licensor LICENSOR within ++++++ days after the end of the Royalty Quarter for which such Statement is made. In addition, LICENSEE shall furnish LICENSOR, annually, commencing with the first Royalty Year and continuing until a final certification of wind-up is delivered, with a detailed statement (the "Annual Statement"), certified to be accurate by an authorized officer of LICENSEE, showing cumulatively and separately for each Nautica Product the following: (i) the line, item, design, number, description and price of the Licensed Products sold or distributed during the preceding Royalty Year; (ii) any actual returns of Licensed Products made during the preceding Royalty Year; and (iii) the amount of payment due LICENSOR. Such Annual Statements shall be furnished to LICENSOR, within ++++++++++ days after the end of the Royalty Year for which such Statement is made and shall be accompanied by payment to LICENSOR of any amounts of royalty in excess of minimum royalties paid that may be due LICENSOR. The Quarterly and Annual Statements shall be furnished to LICENSOR whether or not there is any distribution or sales of Licensed Products during the preceding Royalty Quarter, and whether or not any amounts are then due LICENSOR. The failure or refusal of the Licensed Product(s) have been soldLICENSEE to timely furnish any Quarterly or Annual Statement or payments shall be deemed a substantial and material breach of this Agreement and shall entitle LICENSOR, or without any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list prejudice to any other licenseeright which LICENSOR may have under law, in contract or in equity for such breach, to any other competitor licensing organization, or to any competitor of Licenseeterminate the License. Receipt The receipt or acceptance by Licensor LICENSOR of any of the statements Quarterly or Annual Statements furnished pursuant to this Agreement hereto or of any sums payments made hereunder (or the cashing of any checks paid hereunder hereunder) shall not preclude Licensor LICENSOR from questioning the correctness thereof at any time, and in . In the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments payment shall immediately be made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars onlyLICENSEE.

Appears in 1 contract

Samples: License Agreement (Chaus Bernard Inc)

Periodic Statements. (a) Within thirty (30) days after the first day initial shipment of the license period, Licensed Products and/or Licensed Premiums and promptly on the 15th fifteenth (15th) day of every calendar month quarter thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume (i) number of each units; (ii) country in which manufactured, sold, distributed and/or to which shipped; (iii) Description (as such term is defined below) of the Licensed Product Products and/or Licensed Premiums; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, price or Net Purchase Price (if applicable); and (v) itemized deductions from gross sales price, price and net sales price of the Licensed Product(s(if applicable) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar monthquarter. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) Products and/or Licensed Premiums have been sold, or any payment is shown distributed during calendar quarters to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume (i) number of each units; (ii) country in which manufactured, sold, distributed and/or to which shipped; (iii) Description of the Licensed Product Products and/or Licensed Premiums; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, price or Net Purchase Price (if applicable); and (v) itemized deductions from gross sales price and net sales price (if applicable) of the Licensed Product(s) Products and/or Licensed Premiums covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.Paragraph 5(a), the term "

Appears in 1 contract

Samples: China Premium Food Corp

Periodic Statements. (a) Within thirty (30) days after the first day initial shipment of the license period, Licensed Products and promptly on the 15th thirtieth (30th) day of every calendar month quarter thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, broken down into the categories set forth in Paragraph 4. (c) and showing with respect to all Licensed Products distributed and sold by Licensee during the sales volume preceding calendar quarter the (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) Description (as such term is defined below) of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar monthquarter. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown sold during calendar quarters to be due Licensor, during the calendar months in which such statements are duerefer. Licensee shall furnish also include with each quarterly statement a statement which shows the amounts spent during such quarter with respect to Licensor sufficient background information so the Promotional Commitment as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(sdefined in Paragraph 1. (m) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licensee(i). Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) Description of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.price

Appears in 1 contract

Samples: License Agreement (Play by Play Toys & Novelties Inc)

Periodic Statements. (a) Within thirty THIRTY (30) days after the first day initial shipment of the license period, Licensed Product(s) and promptly on the 15th 30th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Product(s) distributed and sold by Licensee during the sales volume preceding calendar month the number of each units, description of items sold (specifying the components of the Licensed Product (itemized by Club, for each applicable Property utilized and specifying the nature of the Licensed ProductProduct(s), gross sales price, price and itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, sold during the calendar months in to which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve TWELVE (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume number, description of each items sold specifying the components of the Licensed Product (itemized by Club, for each applicable Property utilized and nature of Licensed ProductProduct(s), gross sales price, price itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: License Agreement (Play by Play Toys & Novelties Inc)

Periodic Statements. Within thirty (30) days after the first day end of the license period, first calendar quarter after the date of execution of the License Agreement and promptly on the 15th day after the end of every each calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Products distributed and sold by Licensee during the sales volume preceding calendar month the (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) description (as such term is defined below) of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be in such formats as Licensor shall require (which formats may be amended by Licensor from time to time), and shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown sold during calendar month to be due Licensor, during the calendar months in which such statements are duerefer. In the event Licensee has Royalties earned in currencies other than in U.S. Dollars, then Licensee shall furnish to Licensor sufficient background information so convert said amounts into U.S. Dollars based upon the exchange rate published by the Wall Street Journal as to make of the fifteenth day of the applicable month or if such statements intelligible to Licensor, and day shall fall on an annual basis, a complete list non-business day then as of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge the first business day following said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseefifteenth day. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume (i) number of each Licensed Product units; (itemized by Clubii) country in which manufactured, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price sold and/or to which shipped; (iii) description of *Confidential Portions Omitted and net sales price of Filed Separately with the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars onlyCommission.

Appears in 1 contract

Samples: License Agreement (Bam Entertainment Inc)

Periodic Statements. (a) Within thirty (30) [*] days after the first day end of the license period, first calendar quarter after the date of execution of the License Agreement and promptly on the 15th [*] day after the end of every each calendar month quarter thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Products distributed and sold by Licensee during the preceding calendar quarter, on a Platform by Platform basis, with OEM sales volume and WBSS sales separately reported, the (i) number of each units; (ii) country or region (as specified below) in which manufactured, sold and/or to which shipped; (iii) description (as such term is defined below) of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; (v) itemized deductions from gross sales price, and net sales price of the Licensed Product(s(vi) distributed and/or sold by Licensee during the preceding calendar monthNet Sales price, together with any returns made during the preceding calendar monthquarter. Such statements shall be in such formats as Licensor shall require (which formats may be amended by Licensor from time to time), and shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown to be due Licensor, sold during the calendar months in quarters to which such statements are duerefer. In the event Licensee has royalties earned in currencies other than in U.S. Dollars, then Licensee shall furnish to Licensor sufficient background information so convert said amounts into U.S. Dollars based upon the exchange rate published by the Wall Street Journal as to make of the fifteenth day of the applicable month or if such statements intelligible to Licensor, and day shall fall on an annual basis, a complete list non-business day then as of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge the first business day following said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseefifteenth day. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved officer of Licensee showing, on a Platform by Licensor showing Platform basis, with OEM sales and WBSS sales separately reported, the sales volume (i) number of each units; (ii) country or region (as specified below) in which manufactured, sold and/or to which shipped; (iii) description of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; (v) itemized deductions from gross sales price and net sales (vi) Net Sales price of the Licensed Product(s) Products covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.subparagraph, the term "

Appears in 1 contract

Samples: License Agreement (Interplay Entertainment Corp)

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Periodic Statements. (A) Within thirty (30) days after the first day end of the license period, first fiscal month after the date of execution of the License Agreement and promptly on the 15th day after the end of every each calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each with respect to all Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price, Products distributed and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar monthfiscal month the (i) number by SKU number; (ii) wholesale list price; (iii) quantity, placement and volume discounts; and (iv) net sales price together with any returns made during the preceding calendar fiscal month. Further upon Licensor's request, Licensee shall provide to Licensor the Description (as such term is defined below) of the Licensed Products utilizing the Looney Tunes Licensed Property. Such statements shall be in such formats as Licensor shall require (which formats may be amended upon reasonable notice by Licensor from time to time) and shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown sold during fiscal months to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor officer of Licensee showing the sales (i) number by SKU number; (ii) wholesale list price; (iii) Description (as such term is defined below) of the Licensed Products utilizing the Looney Tunes Licensed Property; (iv) quantity, placement and volume of each Licensed Product discounts; and (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and v) net sales price of the Licensed Product(s) Products covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.Subparagraph, the term "

Appears in 1 contract

Samples: License Agreement (Gerber Childrenswear Inc)

Periodic Statements. Within thirty (30) days after the first day of the license period, and promptly on the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licensee. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. 4.B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: Fotoball Usa Inc

Periodic Statements. (a) Within thirty (30) days after the first day initial shipment of the license period, Licensed Products and promptly on the 15th thirtieth (30th) day of every calendar month quarter thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, broken down into the categories set forth in Paragraph 4. (c) and showing with respect to all Licensed Products distributed and sold by Licensee during the sales volume preceding calendar quarter the (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) Description (as such term is defined below) of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar monthquarter. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) Products have been sold, or any payment is shown sold during calendar quarters to be due Licensor, during the calendar months in which such statements are duerefer. Licensee shall furnish also include with each quarterly statement a statement which shows the amounts spent during such quarter with respect to Licensor sufficient background information so the Promotional Commitment as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(sdefined in Paragraph 1. (m) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licensee(i). Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume (i) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) Description of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price and net sales price of the Licensed Product(s) Products covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.subparagraph, the term "

Appears in 1 contract

Samples: License Agreement (Play by Play Toys & Novelties Inc)

Periodic Statements. Within thirty THIRTY (30) days after the first day initial shipment of the license period, Licensed Product(s) and promptly on the 15th last day of the month following every calendar month quarter thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each Licensed Product (itemized by Clubnumber, for each applicable Licensed Product)country in which manufactured, country in which sold or to which shipped, description and gross sales price, itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar monthquarter. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(sProducts(s) have been sold, or any payment is shown to be due Licensor, sold during the calendar months in quarters to which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than that once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume of each Licensed Product (itemized by Clubnumber, for each applicable Licensed Product)country in which manufactured, country in which sold or to which shipped, description, gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's Licensors demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: License Agreement (Legacy Brands Inc)

Periodic Statements. Within thirty (30) days after the first day initial shipment of the license periodLicensed Product(s), and promptly on the 15th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licensee. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.Paragraph

Appears in 1 contract

Samples: License Agreement

Periodic Statements. (a) Within thirty (30) days after the first day initial shipment of the license period, Licensed Products and promptly on the 15th day of every calendar month thereafterthereafter commencing, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, Licensee showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price, and net sales price of the with respect to all Licensed Product(s) distributed and/or and sold by Licensee during the preceding calendar monthmonth the: (i) number by SKU number; (ii) wholesale list price; (iii) quantity and placement discounts and (iv) net sales price, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, sold during the calendar months in to which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late On a quarterly basis, concurrent with the furnishing of the statements described above, Licensee shall make payment penalties, if any, shall be made pursuant of royalties and provide such information on Licensed Product sales on a character by character basis as in then readily available to Paragraph 4B. Licensee in such form as Licensee compiles for its own use. Upon demand of Licensor, Licensee shall at its own expenseshall, but not more than once in any twelve TWELVE (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved officer of Licensee showing: (i) number by Licensor showing the sales volume of each Licensed Product SKU number; (itemized by Club, for each applicable Licensed Product), gross sales ii) wholesale list price, itemized deductions from gross sales price ; (iii) quantity and placement discounts; and (iv) net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee to the date of the Licensor's demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.Agreement

Appears in 1 contract

Samples: License Agreement (Gerber Childrenswear Inc)

Periodic Statements. Within thirty (30) days after the first day of the license period, and promptly on the 15th 30th day of every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, allowable itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee or any Licensee Affiliate during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, during the calendar months in which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basisrequest of Licensor (but not more than once per calendar year during the license period), a complete list of Licensee's customers to whom Licensed Product(s) have been soldsold and corresponding information regarding distribution to such accounts. Licensor agrees that it will not divulge said customer list to any other licenseelicensee of Licensor, to any other competitor licensing organization, or to any competitor of Licensee, as identified by Licensee, except as required by law. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. 4(C). Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement statement, certified by an independent certified public accounting firm approved by Licensor Licensor, showing the sales volume of each Licensed Product (itemized by Club, for each applicable Licensed Product), gross sales price, itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee and Licensee Affiliates to the date of the Licensor's demand. Licensee shall additionally provide, on Licensor's written request and at Licensee's cost, the audited financial statements for Licensee and/or any Licensee Affiliate for the requested year(s). All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: License Agreement (Fotoball Usa Inc)

Periodic Statements. (A) Within thirty (30) days after the first day end of the license period, first calendar month after the date of execution of the License Agreement and promptly on the 15th 30th day after the end of every each calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Products distributed and sold by Licensee during the sales volume preceding calendar month the (I) number of each units; (ii) country in which manufactured, sold and /or to which shipped; (iii) Description (as such term is defined below) of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales priceprices, and (v) itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) licensed Products have been sold, or any payment is shown to be due Licensor, sold during the calendar months in to which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume (I) number of each units; (ii) country in which manufactured, sold and/or to which shipped; (iii) Description of the Licensed Product Products; (itemized by Club, for each applicable Licensed Product), iv) gross sales price, ; and (v) itemized deductions from gross sales price and net sales price of the Licensed Product(s) Products covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to For purposes of this Agreement shall be in U.S. dollars only.Subparagraph, the term "

Appears in 1 contract

Samples: License Agreement (Play by Play Toys & Novelties Inc)

Periodic Statements. (a) Within thirty THIRTY (30) days after the first day initial shipment of the license period, Licensed Product(s) and promptly on the 15th thirtieth (30th) day of after every calendar month thereafter, Licensee shall furnish to Licensor complete and accurate statements, statements certified to be accurate by Licensee, or if a corporation, by an officer of Licensee, showing with respect to all Licensed Product(s) distributed and sold by Licensee during the sales volume preceding calendar month the number of each units, description of items sold (specifying the components of the Licensed Product (itemized by Club, for each applicable Property utilized and specifying the nature of the Licensed ProductProduct(s), gross sales price, price and itemized deductions from gross sales price, and net sales price of the Licensed Product(s) distributed and/or sold by Licensee during the preceding calendar month, together with any returns made during the preceding calendar month. Such statements shall be furnished to Licensor whether or not any of the Licensed Product(s) have been sold, or any payment is shown to be due Licensor, sold during the calendar months in to which such statements are due. Licensee shall furnish to Licensor sufficient background information so as to make such statements intelligible to Licensor, and on an annual basis, a complete list of Licensee's customers to whom Licensed Product(s) have been sold. Licensor agrees that it will not divulge said customer list to any other licensee, to any other competitor licensing organization, or to any competitor of Licenseerefer. Receipt or acceptance by Licensor of any of the statements furnished pursuant to this Agreement or of any sums paid hereunder shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payments made by Licensee. Late payment penalties, if any, shall be made pursuant to Paragraph 4B. Upon demand of Licensor, Licensee shall at its own expense, but not more than once in any twelve TWELVE (12) month period, furnish to Licensor a detailed statement certified by an independent certified public accounting firm approved by Licensor accountant showing the sales volume number, description of each items sold specifying the components of the Licensed Product (itemized by Club, for each applicable Property utilized and nature of Licensed ProductProduct(s), gross sales price, price itemized deductions from gross sales price and net sales price of the Licensed Product(s) covered by this Agreement distributed and/or sold by Licensee up to and including the date of the Licensor's upon which Licensor has made such demand. All amounts payable pursuant to this Agreement shall be in U.S. dollars only.

Appears in 1 contract

Samples: License Agreement (Decor Group Inc)

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