Common use of Royalties and Commissions Clause in Contracts

Royalties and Commissions. 8.1 Commissions on Sales of Aspect BIS Sensors. For each BIS Sensor sold by Aspect to Spacelabs customers in the United States deemed to be for use with Spacelabs BISx Module, Aspect shall pay Spacelabs a commission equal to[**] percent of the net sales revenue (invoice price after discounts) billed by Aspect for such BIS Sensors. Aspect shall pay such commissions to Spacelabs on a calendar quarter basis. With such quarterly payments, Aspect shall provide to Spacelabs a list of Spacelabs customers to which such sales were made, the number of sensors sold in that quarter, and the net revenue billed for the sale of the sensors by Aspect. This quarterly payment shall be provided to Spacelabs no later than 30 days following the end of each calendar quarter. In the event that Aspect's standalone BIS monitors, the BIS modules and/or the BISx kits for other manufacturers have also been installed at such sites in addition to Spacelabs BISx Module, Spacelabs will be entitled to a [**] percent commission only on BIS Sensor sales deemed to be for use with the Spacelabs BISx Module. For the purposes of this Section 8.1, BIS Sensors shall be deemed to be for use with Spacelabs BISx Modules on the basis of a pro rata determination, based on the total number of BIS units of different types installed at such locations during the period according to Aspect's installed base records. To facilitate such calculations, Spacelabs will be responsible for providing Aspect with the documentation required in Section 8.2, and Aspect shall be responsible for providing Spacelabs with accurate information regarding the total number of non-Spacelabs units which have been installed, and are in use, at such sites. Such information shall be auditable by an independent auditor at Spacelabs' expense; provided, however, if the results of such audit reveal that the number of such non-Spacelabs units has been over reported by fifteen percent (15%) or more, Aspect shall reimburse Spacelabs for the cost of such audit.

Royalties and Commissions. 8.1 6.1 Commissions on Sales of Aspect BIS Sensors. For each Aspect BIS Sensor sold by Aspect to Spacelabs Draeger customers in the United States deemed to be for use with Spacelabs Draeger BISx ModuleSystems, Aspect shall pay Spacelabs Draeger a commission equal toto [**] percent of the net sales revenue (invoice price after discounts) billed by Aspect for such Aspect BIS Sensors. Aspect shall pay such commissions to Spacelabs Draeger on a calendar quarter [**] basis. With such quarterly [**] payments, Aspect shall provide to Spacelabs Draeger a list of Spacelabs Draeger customers to which such sales were made, the number of sensors sold in that quarter[**], and the net revenue billed for the sale of the sensors by Aspect. This quarterly [**] payment shall be provided to Spacelabs Draeger no later than 30 days [**] following the end of each calendar quarter[**]. In the event that Aspect's standalone BIS monitors, the BIS modules and/or the BISx kits for Systems of other manufacturers have also been installed at such sites in addition to Spacelabs Draeger BISx ModuleSystems, Spacelabs Draeger will be entitled to a [**] percent commission only on BIS Sensor sales deemed to be intended for use with the Spacelabs Draeger BISx ModuleSystems. For the purposes of this Section 8.1, BIS Sensors shall be deemed to be for use with Spacelabs BISx Modules on the basis of a A pro rata determination, determination will be based on the total number of BIS units of different types installed at such locations during the period according to Aspect's FINAL 7/36 ASPECT/DRAEGER BISx DEVELOPMENT, PURCHASE AND LICENSE AGREEMENT installed base records. To facilitate such calculations, Spacelabs Draeger will be responsible for providing Aspect with the documentation required in Section 8.25.4, and Aspect shall be responsible for providing Spacelabs Draeger with accurate information regarding the total number of non-Spacelabs Draeger units which have been installed, and are in use, at such sites. Such The information shall be on total installed BIS systems at Draeger accounts is auditable by an independent auditor at Spacelabs' Draeger's expense; provided, however, if the results of such audit reveal that the number of such non-Spacelabs units has been over reported by fifteen percent (15%) or more, Aspect shall reimburse Spacelabs for the cost of such audit.