Common use of Royalty Payments and Reports Clause in Contracts

Royalty Payments and Reports. Payments for Coal mined and sold hereunder shall be made on a timely basis, when due and without demand by COLT, on or before the twentieth (20th) day of each month (“Payment Deadline”) for all Coal mined or produced from the Premises, shipped and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckley, WV 25801 If by wire transfer, payment shall be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended from time to time by COLT upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT from which such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all of the aforementioned items shall be made available to COLT by Lessee, at all times upon COLT’s request, for any month during the term of this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLT.

Royalty Payments and Reports. Payments for Coal mined and sold hereunder shall be made on a timely basis, when due and without demand by COLTRUGER, on or before the twentieth (20th) day of each month (“Payment Deadline”) for all Coal mined or produced from the Premises, shipped and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT RUGER tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckley, WV 25801 If by wire transfer, payment shall be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt Ruger Coal Company, LLC Account #: 01221137324 01221214247 Copies of the reports required in this section 14 13 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt Ruger Coal Company, LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended from time to time by COLT RUGER upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT RUGER showing the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT RUGER for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT RUGER from which such Coal was mined. Such report or reports shall be made either on a form or forms of COLT RUGER supplied to Lessee or on a form or forms of Lessee that are approved by COLTRUGER. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLTRUGER. In any event, all of the aforementioned items shall be made available to COLT RUGER by Lessee, at all times upon COLTRUGER’s request, for any month during the term of this Lease. Such reports shall, at COLTRUGER’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLTRUGER.

Royalty Payments and Reports. Payments for Coal mined and sold hereunder shall be made on a timely basis, when due and without demand by COLT, on or before the twentieth (20th) day of each month (“Payment Deadline”) for all Coal mined or produced from the Premises, shipped and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive Drive, Beckley, WV 25801 If by wire transfer, payment shall be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended from time to time by COLT upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT from which such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all of the aforementioned items shall be made available to COLT by Lessee, at all times upon COLT’s request, for any month during the term of this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLT.

Royalty Payments and Reports. Payments for Coal coal mined and sold hereunder shall be made on a timely basis, when due and without demand by COLTRGGS, on or before the twentieth (20th) day of each month (hereinafter the “Payment Deadline”) for all Coal coal or gas mined or produced from the Premises, shipped shipped, and sold, or used, used together with all Foreign Coal Coal, transported and sold by Lessee or its the Lessee, and Affiliates, or assigns assigns, during the preceding month, as to coal and during the second preceding month as to Coalgas, as evidenced by a report or reports furnished by the Lessee to COLT RGGS tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive BeckleyRGGS Land & Minerals, WV 25801 Ltd., L.P. P. O. Xxx 0000 Xxxxxxx, XX 00000 Attn: Xxx Xxxxx If the payment is made by wire transfer, payment it shall be to the following address: Bank: Huntington Bank Mellon Bank- Pittsburg, PA ABA: 000000000 043 00 0261 Credit To: Colt LLC Xxxxxxx Xxxxx Account #: 01221137324 0000000 Further Credit To: RGGS Land & Minerals, Ltd., L.P. Account #: 589-07R15 Copies of the reports required in this section 14 17 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt LLC Xx. Xxxxxxx X. Lawrence RGGS Land & Minerals Ltd., L.P. 0000 XXX XxxxX. X. Xxxxxx Blvd., Xxxxx 000 Xxxx Xxxxx XxxxxxxSuite 126 Fairfield, XX 00000 Alabama 35064 Fax: 000-000-0000 The addresses for payment by check or check, by wire transfer and/or for submitting reports may be amended from time to time by COLT RGGS upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT RGGS showing the actual amount for each and every mining method of Coal coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Lessee, and Affiliates or contractors during the preceding month and shall also include individual sales of Coal coal by Lessee, the customers to which Coal coal was sold, the Gross Sales Prices of Coal coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT RGGS for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT RGGS from which such Coal coal was mined. Not later than the Payment Deadline, Lessee shall report to RGGS showing the actual volume of Gob Gas and Horizontal Borehole Gas produced and sold from the Premises by Lessee and its Affiliates during the second preceding month, the name and address of the Purchaser, the gross amount of the sales price due from the Purchaser, and each and every deduction there from, together with the location, well name and well number, from which such gas was produced. Such report or reports shall be made either on a form or forms of COLT RGGS supplied to Lessee or on a form or forms of Lessee that are approved by COLTRGGS. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLTRGGS. In any event, all of the aforementioned items shall be made available to COLT RGGS by Lessee, at all times upon COLTRGGS’s request, for any month during the term of this Lease. Such reports shall, at COLTRGGS’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLTRGGS.

Royalty Payments and Reports. Licensee shall calculate all Royalty Payments for Coal mined and sold hereunder payable to Licensor pursuant to Section 8.3 with respect to Net Sales at the end of each Calendar Quarter, which amounts shall be converted to Dollars at such time in accordance with Section 8.7. Licensee shall pay to Licensor the royalty payment due for Net Sales during a given Calendar Quarter within [*CONFIDENTIAL*] after the end of such Calendar Quarter; A request for confidential treatment has been made on with respect to portions of the following document that are marked with [*CONFIDENTIAL*]. The redacted portions have been filed separately with the SEC. provided, that, Licensee may make such payments through any of its Affiliates; provided, further, that, and notwithstanding Section 8.6, in the event that payment through any such Affiliate results in any given tax (or incremental tax increase) that would not have been payable had Licensee not made such payment through such Affiliate, then Licensee shall be solely responsible for such tax (or incremental tax increase). Licensee shall also provide Licensor with a timely basis, when good faith estimate of all Net Sales and the Royalty Payments due and without demand by COLT, on or before in connection therewith within [*CONFIDENTIAL*] following the twentieth (20th) day end of each month (“Payment Deadline”) for all Coal mined or produced from the PremisesCalendar Quarter, shipped and sold, or used, together provided however that this will not create any liability on Licensee in connection with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments shall be made by check or wire transfer. If by check, payment shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckley, WV 25801 If by wire transfer, payment shall be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports any inaccuracy which may be amended from time to time by COLT upon notice to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, of the lands of COLT from which included in such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLTestimate. Each report royalty payment due shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all of the aforementioned items shall be made available to COLT by Lessee, at all times upon COLT’s request, for any month during the term of this Lease. Such reports shall, at COLT’s request, be accompanied by copies (i) a statement of invoicesthe amount of gross sales of each Royalty Product, purchase orders(a) as a whole and (b) on a country-by-country basis during the applicable Calendar Quarter (including such amounts expressed in local currency and as converted to Dollars), sales receipts(ii) an itemized calculation of Net Sales (a) as a whole and (b) on a country-by-country basis, bills showing for both (a) and (b) deductions provided for in the definition of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges“Net Sales” during such Calendar Quarter, and other forms (iii) a statement of verification as may the prices and the number of units of Royalty Products sold. Licensee shall be deemed necessary responsible for the proper accounting of Net Sales by COLTor on behalf of its Sublicensees.

Royalty Payments and Reports. Payments 10.1 The per unit royalty for Coal mined each unit of the Licensed Products and sold the minimum guaranteed royalty for the license granted to Licensee hereunder shall be made on as a timely basisnon-refundable advance payment are specified in Exhibit H, when due and without demand by COLT, on or before the twentieth (20th) day attached hereto. The payment of each month (“Payment Deadline”) for all Coal mined or produced from the Premises, shipped and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns during the preceding month as to Coal, as evidenced by a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments such minimum guaranteed royalty shall be made by check or wire transfer. If by checkLicensee within five (5) working days after the date of SOA's approval on behalf of Sega of the write once CD samples containing the finished game code (in CD-ROM form) for each of the Licensed Products in accordance with the provisions of Subsection 7.2, payment above, and shall be made credited as an advance against the royalties to be paid to Sega pursuant to Subsection 10.2, below. 10.2 Upon Licensee's issuance of any purchase order for the manufacture of Licensed Products (hereinafter a "Purchase Order"), Licensee shall immediately forward to Sega and SOA a copy of such Purchase Order. Within five (5) working days of Licensee's issuance of any Purchase Order, Licensee shall make the non-refundable royalty payment due Sega, pursuant to the terms set forth in Exhibit H, attached hereto, with respect to the number of units of the Licensed Products so ordered. Licensee acknowledges and agrees that, in the event Licensee fails to make the required royalty payment to Sega within the specified time period, Sega may notify the Licensed Manufacturer that the units of the Licensed Product(s) requested pursuant to said Purchase Order may not be released to License until such time as Sega notifies the Licensed Manufacturer that it has received the appropriate royalty payment. 10.3 Within thirty (30) days following address: 000 Xxxxxx Xxxx Drive Beckleythe end of each calendar quarter throughout the term of this Agreement (which calendar quarters shall commence on January 1, WV 25801 If April 1, July 1, and October 1), (i) Licensee shall procure that each Licensed Manufacturer utilized by wire transferLicensee shall submit to Sega a written statement (signed by an officer of the corporation) indicating, payment by product title, the number of units of the Licensed Products which such Licensed Manufacturer has manufactured during the preceding calendar quarter, and (ii) Licensee shall submit to Sega a written statement indicating, by country and by product title, the number of units of the Licensed Products sold by Licensee during such preceding calendar quarter. A copy of all reports required hereunder shall be sent to (i) Sega's agent, SOA (Attention: Director, Third Party Licensing - or to such other department or representative as Sega shall designate in writing), and (ii) Sega (Attention: CS Third Party Division - or to such other department or representative as Sega shall designate in writing). 10.4 No costs incurred in the development, manufacture, marketing, sale, and/or distribution of the Licensed Products shall be deducted from any royalties payable to Sega hereunder. Similarly, there shall be no deduction from the royalties otherwise owed to Sega hereunder as a result of any uncollectible accounts owed to Licensee, or for any credits, discounts, allowances or returns which Licensee may credit or otherwise grant to any third party customer of any units of the Licensed Products, or for any taxes, fees, assessments, or expenses of any kind which may be incurred by Licensee in connection with its sale and/or distribution of any units of the Licensed Products. 10.5 Licensee acknowledges and agrees that it shall be solely responsible for any withholding taxes and/or other such assessments which may be imposed by any governmental authority within the Licensed Territory with respect to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer or check royalties paid to Sega hereunder. Licensee shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx.entitled to deduct such payments from royalties otherwise due to Sega; provided, Xxxxx 000 Xxxx Xxxxx Xxxxxxxhowever, XX 00000 The addresses that no such deduction shall be taken unless and until Licensee has deposited the payments with the governmental authority responsible for payment by check or wire transfer the collection of such taxes and/or for submitting reports may be amended from time to time by COLT upon notice to Lesseeassessments. Not later than the Payment Deadline, Lessee shall report to COLT showing Regardless of the actual amount for each and every mining method of Coal mined, processed, stockpiled, loaded, shipped, and sold from the Premises by Lessee and/or its Affiliates withholding taxes paid or contractors during the preceding month and shall also include individual sales of Coal by Lesseeassessed, the customers to which Coal was sold, deduction from royalties permitted hereunder for withholding tax deposited by Licensee may not exceed the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for lesser of: (i) the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, actual withholding taxes deposited in connection with royalty payments or (ii) ten percent (10%) of the lands royalties against which the withholding tax is asserted. Licensee further agrees to indemnify and hold Sega harmless from and against any claims, losses, liabilities, damages, expenses and costs, including, without limitation, reasonable fees for attorneys and court costs, which result from Licensee's failure to timely pay any such withholding taxes or other assessments, and/or which are incurred in the settlement or avoidance of COLT from which any such Coal was minedclaim. Such report or reports shall be made either on a form or forms Prior to January 31 of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all of the aforementioned items shall be made available to COLT by Lessee, at all times upon COLT’s request, for any month each year during the term of this LeaseAgreement and during the year immediately following the expiration and/or termination of this Agreement, Licensee shall forward to Sega a copy of the Annual Withholding Tax Return for U.S. Source Income of Foreign Persons (Form 1042). Such reports shallFurthermore, at COLT’s requestby the end of the month following the month of each royalty payment during the term of this Agreement and, be accompanied by copies as appropriate, during the year immediately following the expiration and/or termination of invoicesthis Agreement, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLT.Licensee

Royalty Payments and Reports. Payments for Coal mined and sold hereunder All amounts payable to Affymax pursuant to this Section 8.5 shall be made paid in Dollars on a timely calendar quarter basis, when due and without demand by COLTsubject to semi-annual reconciliation, on or before in accordance with this Section 8.5(c). Takeda shall, within twenty (20) Business Days of the twentieth (20th) day end of each month calendar quarter, deliver Affymax a non-binding estimate of the amounts payable to Affymax pursuant to this Section 8.5 based on the estimated Net Sales of the Product in the Royalty Territory during such calendar quarter (“Payment Deadline”the "Estimated Royalty") and shall provisionally pay to Affymax the Estimated Royalty for all Coal mined the calendar quarter. It is understood that the exact amount of the Net Sales in the Royalty Territory for such calendar quarter as well as the IMS or produced other data necessary to determine whether the [*] has come or not in a certain country or countries of the Royalty Territory may not be available for the purpose of calculation of the Estimated Royalty, and Takeda may calculate the Estimated Royalty from the Premises, shipped flash report then available to Takeda (for gross sales) and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns deduction therefrom at the rate of [*] during the preceding month as to Coalfirst [*] following the First Commercial Sale in the Royalty Territory; and, as evidenced by within a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments reasonable time after such [*] period, the appropriateness of the rate of such deductions shall be made reviewed by check or wire transfer. If by checkthe Parties based on the actual deductions for the Product since the First Commercial Sale thereof and, payment the rate of deduction applied thereafter, upon mutual agreement between the Parties, shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckleymodified or adjusted based on such actual deductions, WV 25801 If by wire transferand, payment shall if necessary, be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer further reviewed, modified or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended adjusted from time to time upon mutual agreement. Takeda shall, within ninety (90) days after the end of each half of the Fiscal Year, deliver Affymax a fixed report of the amount which should have actually been paid to Affymax, pursuant to this Section 8.5, for the Net Sales in such half of the Fiscal Year as well as the report with respect to the amount to be paid from one Party to the other Party for reconciliation of the difference between the Estimated Royalties paid by COLT upon notice Takeda to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing Affymax and the actual amount to have been paid by Takeda to Affymax, pursuant to this Section 8.5, for each and the actual Net Sales during the same half of the Fiscal Year. Within twenty (20) Business Days after Affymax's receipt of such reports, both Parties shall make reconciliation accordingly (i.e., by Affymax's paying the amount owed to Takeda (in the case of excess payment by Takeda) or by Takeda's paying the amount owed to Affymax (in the case of short payment by Takeda)) for the same half Fiscal Year, without one Party being required to pay the other Party any interest thereon. Takeda shall provide Affymax with a monthly flash statement of the amount of gross sales of Product in the Royalty Territory during the applicable month. Each fixed report delivered by Takeda to Affymax once every mining method half of Coal minedthe Fiscal Year mentioned above shall include a monthly statement of the amount of gross sales of Product in the Royalty Territory during the applicable half of the Fiscal Year, processed, stockpiled, loaded, shippedan amount of Net Sales in the Royalty Territory during such half of the Fiscal Year with quarterly breakdown, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, a calculation of the lands amount of COLT from which royalty payment due on such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all sales for such half of the aforementioned items Fiscal Year with quarterly breakdown. Takeda shall be made available require its sublicensees to COLT by Lessee, at all times upon COLT’s request, account for any month during their Net Sales and to provide such reports with respect thereto so that Takeda can fulfill the term of above-mentioned obligation in this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLTSection 8.5(c).

Royalty Payments and Reports. Payments for Coal mined and sold hereunder All amounts payable to Affymax pursuant to this Section 8.5 shall be made paid in Dollars on a timely calendar quarter basis, when due and without demand by COLTsubject to semi-annual reconciliation, on or before in accordance with this Section 8.5(c). Takeda shall, within twenty (20) Business Days of the twentieth (20th) day end of each month calendar quarter, deliver Affymax a non-binding estimate of the amounts payable to Affymax pursuant to this Section 8.5 based on the estimated Net Sales of the Product in the Royalty Territory during such calendar quarter (the “Payment DeadlineEstimated Royalty”) and shall provisionally pay to Affymax the Estimated Royalty for all Coal mined the calendar quarter. It is understood that the exact amount of the Net Sales in the Royalty Territory for such calendar quarter as well as the IMS or produced other data necessary to determine whether the [ * ] has come or not in a certain country or countries of the Royalty Territory may not be available for the purpose of calculation of the Estimated Royalty, and Takeda may calculate the Estimated Royalty from the Premises, shipped flash report then available to Takeda (for gross sales) and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns deduction therefrom at the rate of [ * ] during the preceding month as to Coalfirst [ * ] following the First Commercial Sale in the Royalty Territory; and, as evidenced by within a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments reasonable time after such [ * ] period, the appropriateness of the rate of such deductions shall be made reviewed by check or wire transfer. If by checkthe Parties based on the actual deductions for the Product since the First Commercial Sale thereof and, payment the rate of deduction applied thereafter, upon mutual agreement between the Parties, shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckleymodified or adjusted based on such actual deductions, WV 25801 If by wire transferand, payment shall if necessary, be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer further reviewed, modified or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended adjusted from time to time upon mutual agreement. Takeda shall, within ninety (90) days after the end of each half of the Fiscal Year, deliver Affymax a fixed report of the amount which should have actually been paid to Affymax, pursuant to this Section 8.5, for the Net Sales in such half of the Fiscal Year as well as the report with respect to the amount to be paid from one Party to the other Party for reconciliation of the difference between the Estimated Royalties paid by COLT upon notice Takeda to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing Affymax and the actual amount to have been paid by Takeda to Affymax, pursuant to this Section 8.5, for each the actual Net Sales during the same half of the Fiscal Year. Within twenty (20) Business Days after Affymax’s receipt of such reports, both Parties shall make reconciliation accordingly (i.e., by Affymax’s paying the amount owed to Takeda (in the case of excess payment by Takeda) or by Takeda’s paying the amount owed to Affymax (in the case of short payment by Takeda)) for the same half Fiscal Year, without one Party being required to pay the other Party any interest thereon. Takeda shall provide Affymax with a monthly flash statement of the amount of gross sales of Product in [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. the Royalty Territory during the applicable month. Each fixed report delivered by Takeda to Affymax once every mining method half of Coal minedthe Fiscal Year mentioned above shall include a monthly statement of the amount of gross sales of Product in the Royalty Territory during the applicable half of the Fiscal Year, processed, stockpiled, loaded, shippedan amount of Net Sales in the Royalty Territory during such half of the Fiscal Year with quarterly breakdown, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, a calculation of the lands amount of COLT from which royalty payment due on such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all sales for such half of the aforementioned items Fiscal Year with quarterly breakdown. Takeda shall be made available require its sublicensees to COLT by Lessee, at all times upon COLT’s request, account for any month during their Net Sales and to provide such reports with respect thereto so that Takeda can fulfill the term of above-mentioned obligation in this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLTSection 8.5(c).

Royalty Payments and Reports. Payments for Coal mined and sold hereunder All amounts payable to Affymax pursuant to this Section 8.5 shall be made paid in Dollars on a timely calendar quarter basis, when due and without demand by COLTsubject to semi-annual reconciliation, on or before in accordance with this Section 8.5(c). Takeda shall, within [*] of the twentieth (20th) day end of each month calendar quarter, deliver Affymax a non-binding estimate of the amounts payable to Affymax pursuant to this Section 8.5 based on the estimated Net Sales of the Product in the Royalty Territory during such calendar quarter (“Payment Deadline”the "Estimated Royalty") and shall provisionally pay to Affymax the Estimated Royalty for all Coal mined the calendar quarter. It is understood that the exact amount of the Net Sales in the Royalty Territory for such calendar quarter as well as the IMS or produced other data necessary to determine whether the [*] has come or not in a certain country or countries of the Royalty Territory may not be available for the purpose of calculation of the Estimated Royalty, and Takeda may calculate the Estimated Royalty from the Premises, shipped flash report then available to Takeda (for gross sales) and sold, or used, together with all Foreign Coal transported and sold by Lessee or its Affiliates, or assigns deduction therefrom at the rate of [*] during the preceding month as to Coalfirst [*] following the First Commercial Sale in the Royalty Territory; and, as evidenced by within a report or reports furnished by Lessee to COLT tendered contemporaneously with payment. Payments reasonable time after such [*] period, the appropriateness of the rate of such deductions shall be made reviewed by check or wire transfer. If by checkthe Parties based on the actual deductions for the Product since the First Commercial Sale thereof and, payment the rate of deduction applied thereafter, upon mutual agreement between the Parties, shall be made to the following address: 000 Xxxxxx Xxxx Drive Beckleymodified or adjusted based on such actual deductions, WV 25801 If by wire transferand, payment shall if necessary, be to the following address: Bank: Huntington Bank ABA: 000000000 Credit To: Colt LLC Account #: 01221137324 Copies of the reports required in this section 14 and evidence of the wire transfer further reviewed, modified or check shall be forwarded by mail or fax to: Colt LLC 0000 XXX Xxxx., Xxxxx 000 Xxxx Xxxxx Xxxxxxx, XX 00000 The addresses for payment by check or wire transfer and/or for submitting reports may be amended adjusted from time to time upon mutual agreement. Takeda shall, within [*] after the end of each half of the Fiscal Year, deliver Affymax a fixed report of the amount which should have actually been paid to Affymax, pursuant to this Section 8.5, for the Net Sales in such half of the Fiscal Year as well as the report with respect to the amount to be paid from one Party to the other Party for reconciliation of the difference between the Estimated Royalties paid by COLT upon notice Takeda to Lessee. Not later than the Payment Deadline, Lessee shall report to COLT showing Affymax and the actual amount to have been paid by Takeda to Affymax, pursuant to this Section 8.5, for each and the actual Net Sales during the same half of the Fiscal Year. Within [*] after Affymax's receipt of such reports, both Parties shall make reconciliation accordingly (i.e., by Affymax's paying the amount owed to Takeda (in the case of excess payment by Takeda) or by Takeda's paying the amount owed to Affymax (in the case of short payment by Takeda)) for the same half Fiscal Year, without one Party being required to pay the other Party any interest thereon. Takeda shall provide Affymax with a monthly flash statement of the amount of gross sales of Product in the Royalty Territory during the applicable month. Each fixed report delivered by Takeda to Affymax once every mining method half of Coal minedthe Fiscal Year mentioned above shall include a monthly statement of the amount of gross sales of Product in the Royalty Territory during the applicable half of the Fiscal Year, processed, stockpiled, loaded, shippedan amount of Net Sales in the Royalty Territory during such half of the Fiscal Year with quarterly breakdown, and sold from the Premises by Lessee and/or its Affiliates or contractors during the preceding month and shall also include individual sales of Coal by Lessee, the customers to which Coal was sold, the Gross Sales Prices of Coal for each sale, itemization of allowable deductions for each sale, calculations of Actual Production Royalty due COLT for each sale and for the preceding month, and the location, by Quarter-Quarter Section, Township, and Range, a calculation of the lands amount of COLT from which royalty payment due on such Coal was mined. Such report or reports shall be made either on a form or forms of COLT supplied to Lessee or on a form or forms of Lessee that are approved by COLT. Each report shall be certified to be true, accurate, and correct by Lessee and shall be to the satisfaction of COLT. In any event, all sales for such half of the aforementioned items Fiscal Year with quarterly breakdown. Takeda shall be made available require its sublicensees to COLT by Lessee, at all times upon COLT’s request, account for any month during their Net Sales and to provide such reports with respect thereto so that Takeda can fulfill the term of above-mentioned obligation in this Lease. Such reports shall, at COLT’s request, be accompanied by copies of invoices, purchase orders, sales receipts, bills of lading, truck weight tickets, railroad weight tickets, barge weight tickets, statements of transportation, washing and handling charges, and other forms of verification as may be deemed necessary by COLTSection 8.5(c).