Royalty Reports and Accounting. 10 6.1 "Royalty Reports; Records".................................... 10 6.2 "Payment Due Dates"........................................... 10 6.3 "Right to Audit Licensee"..................................... 11 6.4 "Right to Audit Cellegy"...................................... 11 6.5 "Overpayment or Underpayment of Burdened Cost"................ 11 6.6 "Disagreement with Auditor Findings".......................... 11
Royalty Reports and Accounting. 17 ARTICLE 9 PAYMENTS..........................................................19
Royalty Reports and Accounting. (a) Orthovita shall deliver to KNC, within thirty (30) days after the end of each calendar quarter, reasonably detailed written accountings of Net Sales of Commercial Product for such calendar quarter (including any calculations with respect to amounts owing with respect to Commercial Product bundled with other items as set forth in Section 6.2), and units sold during such quarter. Such quarterly reports shall indicate (i) gross sales and Net Sales on a product-by-product basis, and (ii) the calculation of royalties from such Net Sales. When Orthovita delivers such accounting to KNC, it shall also deliver all royalty payments due under Section 6.1 for the calendar quarter. In addition to such quarterly reports, Orthovita shall provide preliminary monthly Net Sales and royalty calculations to KNC within seven (7) days of each month end with information readily available to them in that timeframe.
Royalty Reports and Accounting. 6.1 During the term of this Agreement following the First Commercial Sale of a Licensed Product, CBMG shall furnish to AURI a quarterly written report showing in reasonably specific detail, on a country by country basis, (a) the Net Sales of each Licensed Product sold by CBMG, its Affiliates and its Sublicensees during the reporting period; (b) the royalties payable in United States dollars, if any, which shall have accrued hereunder based upon Net Sales of each Licensed Product; (c) the withholding taxes, if any, required by law to be deducted in respect of such sales; (d) the date of the First Commercial Sales of each Licensed Product in each country during the reporting period; and (e) the exchange rates used in determining the amount of United States dollars. With respect to sales of Licensed Products invoiced in United States dollars, Net Sales and royalties payable shall be expressed in United States dollars. With respect to sales of Licensed Products invoiced in a currency other than United States dollars, Net Sales and royalties payable shall be expressed in the domestic currency of the Person making the sale together with the United States dollar equivalent of the royalty payable, calculated using the average closing buying rate for such currency quoted in the continental terms method of quoting exchange rates (local currency per US$1) by the Wall Street Journal on the last business day of each month in the calendar quarter prior to the date of payment. CBMG may withhold taxes on the amounts otherwise payable to AURI under this agreement as required by applicable law. The Parties agree to cooperate in good faith to reduce or eliminate the amount of any such withholding taxes under the provisions of applicable law, including the provisions of any applicable income tax treaty. As may be required under applicable law in order to reduce or eliminate the amount of any withholding tax, AURI shall be entitled to timely provide to CBMG a duly and properly executed certificate of exemption from withholding tax or certificate of reduced withholding tax, or such other forms as may be required under applicable law to reduce or eliminate the amount of withholding tax, and CBMG shall withhold taxes in accordance with such duly and properly executed certificate or forms. CBMG shall remit any withheld taxes to the relevant authorities on behalf of AURI and upon request of AURI, CBMG shall provide to AURI appropriate evidence of the payment to the relevant authori...
Royalty Reports and Accounting. 11 Section 4.01. Reports, Exchange Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 4.02. Audits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 4.03.
Royalty Reports and Accounting
