Common use of Payments and Reports Clause in Contracts

Payments and Reports. Unless the COMMISSIONER elects to take the royalties stipulated in this lease in kind, all royalties not taken in kind are to be received by the COMMISSIONER, at Austin, on or before the last day of each calendar month for the leased minerals produced during the preceding calendar month. For the purposes of the prior sentence only, "produced" shall be defined in the applicable administrative rule effective when the leased minerals on which royalty is owed were physically extracted from the leased premises. The royalty payment shall be accompanied by an affidavit of the LESSEE or his authorized representative completed in the following form and manner: The report shall be based on LESSEE's samples, assays, analyses, measurements and records and shall set forth, using the appropriate measurements, the type and exact amount of all materials and/or minerals produced from the leased premises during the preceding calendar month and the amount of royalty being submitted. If any materials and/or minerals produced from the leased premises have been sold during the preceding calendar month, then the report shall also set out the type and exact amount of each material and/or mineral sold during the preceding calendar month, the gross amount received for and the market value of the same (including the method and figures used to calculate this value as shown by any relevant documents, records, reports or schedules), and to whom sales were made. If these sales were made to an affiliated or related party, the report shall set out the details of such affiliation or relationship. In addition, the report shall be accompanied by production records, ore records, sales receipts, invoices, weight receipts, records of mill, mint, refinery or smelter settlements, and other pertinent returns or documents which shall substantiate the selling price of the materials and/or minerals and the compliance of LESSEE with the royalty or other provisions of this lease and any other report, record, or document the COMMISSIONER may require to verify such compliance. If any materials and/or minerals produced from the leased premises have been used by LESSEE during the preceding calendar month, then the report must also indicate the type and exact amount of each material and/or mineral so used and the method and figures used by LESSEE to calculate the value of each material and/or mineral so used as shown by any relevant documents, records, reports or schedules. Each royalty payment shall be accompanied by a check stub, schedule, summary or other remittance advice showing, by the assigned General Land Office lease number, the amount of royalty being paid on each lease. Even if royalty payments are not due or are taken in kind, an affidavit of the LESSEE or his authorized representative, completed in the same form and manner as described in this paragraph, shall be filed with the General Land Office on or before the last day of each calendar month.

Payments and Reports. Unless In consideration of the COMMISSIONER elects rights granted by Licensors to take the royalties stipulated in Licensee under this lease in kindAgreement, all royalties not taken in kind are Licensee agrees to be received by the COMMISSIONER, at Austinpay Licensors [DESCRIBE PAYMENTS; MAY INCLUDE A LUMP SUM PAYABLE UPON EXECUTION OF AGREEMENT THAT COULD REIMBURSE FOR PATENT COSTS. MAY ALSO INCLUDE A DOLLAR AMOUNT FOR EACH UNIT SOLD; THIS MAY ALSO BE A GRADUATED AMOUNT ON NUMBERS SOLD. STATED AS LICENSED UNITS SOLD AND SUBSEQUENT UNITS SOLD] In lieu of license milestones, on or before each anniversary of the last day Effective Date, irrespective of whether or not there has been any Licensed Product Sold, Licensee shall deliver to Licensors a written Progress Report detailing its best efforts during the preceding report period to diligently commercialize the Licensed Subject Matter, as well as setting forth its plan of action for the next report period. Within thirty days of the end of each calendar month for year, beginning in the leased minerals produced calendar year immediately after the Effective Date, Licensee shall deliver to Licensors a true and accurate, written Royalty Report giving the particulars of the business conducted by Licensee, during the preceding calendar monthyear. For The Royalty Report shall include at least: (a) the purposes quantities of Licensed Subject Matter it has produced (or had produced for it); (b) the prior sentence only, "produced" total unit sales; (c) the calculation of royalties thereon; and (d) the total royalty amount due to Licensors. A Royalty Report shall be defined in the applicable administrative rule effective when the leased minerals on which submitted even if there is no royalty is owed were physically extracted from the leased premises. The royalty payment amount due, and all Royalty Reports shall be accompanied certified as true and correct by an affidavit Officer of the LESSEE or his authorized representative completed in the following form and manner: The report shall be based on LESSEE's samples, assays, analyses, measurements and records and shall set forth, using the appropriate measurements, the type and exact amount of all materials and/or minerals produced from the leased premises during the preceding calendar month and the amount of royalty being submittedLicensee. If any materials and/or minerals produced from royalty amounts are due, they shall be remitted simultaneously with delivery of the leased premises Royalty Report. As set forth in Article 5.3 above, and for one year thereafter, Licensee agrees to keep complete and accurate records in sufficient detail to enable royalties payable hereunder to be calculated. Licensee agrees to permit Licensors, or their designee, to periodically examine its books and records to the extent necessary to verify royalties. Such audit shall be conducted during regular business hours only, and shall be at Licensors’ expense; provided, however, that if the audit shows royalties have been sold during underreported and underpaid, Licensee shall pay the preceding calendar month, then shortage (with interest at the report highest rate permitted by law) and shall also set out reimburse Licensors for the type and exact amount of each material and/or mineral sold during the preceding calendar month, the gross amount received for and the market value cost of the same (including the method and figures used to calculate this value as shown by audit. All amounts payable hereunder must be paid in United States funds without deductions for taxes, assessments, fees or charges of any relevant documents, records, reports or schedules), and to whom sales were madekind. If these sales were made to an affiliated or related party, the report shall set out the details of such affiliation or relationship. In addition, the report Checks shall be accompanied by production records, ore records, sales receipts, invoices, weight receipts, records of mill, mint, refinery or smelter settlements, payable to “Tennessee Technological University” and other pertinent returns or documents which shall substantiate sent to the selling price of the materials and/or minerals and the compliance of LESSEE with the royalty or other provisions of this lease and any other report, record, or document the COMMISSIONER may require to verify such compliance. If any materials and/or minerals produced from the leased premises have been used by LESSEE during the preceding calendar month, then the report must also indicate the type and exact amount of each material and/or mineral so used and the method and figures used by LESSEE to calculate the value of each material and/or mineral so used as shown by any relevant documents, records, reports or schedules. Each royalty payment shall be accompanied by a check stub, schedule, summary or other remittance advice showing, by the assigned General Land Office lease number, the amount of royalty being paid on each lease. Even if royalty payments are not due or are taken address listed in kind, an affidavit of the LESSEE or his authorized representative, completed in the same form and manner as described in this paragraph, shall be filed with the General Land Office on or before the last day of each calendar monthArticle 12 below.

Payments and Reports. Unless the COMMISSIONER elects to take the royalties stipulated in this lease in kind, all royalties not taken in kind are to be received by the COMMISSIONER, at Austin, on or before the last day of each calendar month for the leased minerals produced during the preceding calendar month. For the purposes of the prior sentence only, "“produced" ” shall be defined in the applicable administrative rule effective when the leased minerals on which royalty is owed were physically extracted from the leased premises. The royalty payment shall be accompanied by an affidavit of the LESSEE or his authorized representative completed in the following form and manner: The report shall be based on LESSEE's ’s samples, assays, analyses, measurements and records and shall set forth, using the appropriate measurements, the type and exact amount of all materials and/or minerals produced from the leased premises during the preceding calendar month and the amount of royalty being submitted. If any materials and/or minerals produced from the leased premises have been sold during the preceding calendar month, then the report shall also set out the type and exact amount of each material and/or mineral sold during the preceding calendar month, the gross amount received for and the market value of the same (including the method and figures used to calculate this value as shown by any relevant documents, records, reports or schedules), and to whom sales were made. If these sales were made to an affiliated or related party, the report shall set out the details of such affiliation or relationship. In addition, the report shall be accompanied by production _records, ore records, sales receipts, invoices, weight receipts, records of mill, mint, refinery or smelter settlements, and other pertinent returns or documents which shall substantiate the selling price of the materials and/or minerals and the compliance of LESSEE with the royalty or other provisions of this lease and any other report, record, or document the COMMISSIONER may require to verify such compliance. If any materials and/or minerals produced from the leased premises have been used by LESSEE during the preceding calendar month, then the report must also indicate the type and exact amount of each material and/or mineral so used and the method and figures used by LESSEE to calculate the value of each material and/or mineral so used as shown by any relevant documents, records, reports or schedules. Each royalty payment shall be accompanied by a check stub, schedule, summary or other remittance advice showing, by the assigned General Land Office lease number, the amount of royalty being paid on each lease. Even if royalty payments are not due or are taken in kind, an affidavit of the LESSEE or his authorized representative, completed in the same form and manner as described in this paragraph, shall be filed with the General Land Office on or before the last day of each calendar month.

Payments and Reports. Unless the COMMISSIONER elects to take the royalties stipulated in this lease in kind, all royalties payable to the COMMISSIONER that are not taken in kind are to be received by the COMMISSIONER, at Austin, on or before the last day of each calendar month for the leased minerals produced during the preceding calendar month. For the purposes of the prior sentence only, "produced" shall be defined in the applicable administrative rule effective when the leased minerals on which royalty is owed were physically extracted from the leased premises. The royalty payment shall be accompanied by an affidavit of the LESSEE or his authorized representative completed in the following form and manner: The report shall be based on LESSEE's samples, assays, analyses, measurements and records and shall set forth, using the appropriate measurements, the type and exact amount of all materials and/or minerals produced from the leased premises during the preceding calendar month and the amount of royalty being submitted. If any materials and/or minerals produced from the leased premises have been sold during the preceding calendar month, then the report shall also set out the type and exact amount of each material and/or mineral sold during the preceding calendar month, the gross amount received for and the market value of the same (including the method and figures used to calculate this value as shown by any relevant documents, records, reports or schedules), and to whom sales were made. If these sales were made to an affiliated or related party, the report shall set out the details of such affiliation or relationship. In addition, the report shall be accompanied by production records, ore records, sales receipts, invoices, weight receipts, records of mill, mint, refinery or smelter settlements, and other pertinent returns or documents which shall substantiate the selling price of the materials and/or minerals and the compliance of LESSEE with the royalty or other provisions of this lease and any other report, record, or document the COMMISSIONER may require to verify such compliance. If any materials and/or minerals produced from the leased premises have been used by LESSEE during the preceding calendar month, then the report must also indicate the type and exact amount of each material and/or mineral so used and the method and figures used by LESSEE to calculate the value of each material and/or mineral so used as shown by any relevant documents, records, reports or schedules. Each royalty payment shall be accompanied by a check stub, schedule, summary or other remittance advice showing, by the assigned General Land Office lease number, the amount of royalty being paid on each lease. Even if royalty payments are not due or are taken in kind, an affidavit of the LESSEE or his authorized representative, completed in the same form and manner as described in this paragraph, shall be filed with the General Land Office on or before the last day of each calendar month.

Payments and Reports. Unless Agilent shall make written reports (consistent with GAAP or such other policies and practices as required by the COMMISSIONER elects AFM) and royalty and revenue sharing payments (including payment of all amounts related to take the royalties stipulated sale or other disposition in this lease TAP Sales or Commercial Sales of the Resolver Platform and maintenance and support contracts for the Resolver Platform as provided in kindSection 7.4(a) hereof) to Rosetta within thirty (30) days after the close of each Agilent fiscal quarter during the Term regardless of whether Agilent shall at such time under the AFM, all royalties not taken GAAP or otherwise be able to book the entire amount of any such royalty or revenue sharing payment as income for such quarter, and regardless of any extended payment terms granted by Agilent in kind connection with the sale or other disposition of Collaboration Products. Such reports shall show for such fiscal quarter sales by Agilent, its Affiliates and sublicensees, if any, of Collaboration Products, details of the quantities of each Collaboration Product sold (including type and quantity of each category of Array), Net Revenues from sales of Collaboration Products on a product-by-product basis, trade discounts allowed and taken, and the revenue sharing and royalty amounts due to Rosetta thereon pursuant hereto. In the event Agilent shall be required under the AFM or GAAP to write off amounts owed, or refund amounts previously paid, to it as a result of performance issues related to Resolver, Agilent may during the period wherein Resolver Net Revenues are less than [* * *] deduct Rosetta's proportionate share of such amounts from payments required to be received by the COMMISSIONER, at Austin, on or before the last day of each calendar month for the leased minerals produced during the preceding calendar month. For the purposes of the prior sentence only, "produced" shall be defined in the applicable administrative rule effective when the leased minerals on which royalty is owed were physically extracted from the leased premises. The royalty payment shall be accompanied by an affidavit of the LESSEE or his authorized representative completed in the following form and manner: The report shall be based on LESSEE's samples, assays, analyses, measurements and records and shall set forth, using the appropriate measurements, the type and exact amount of all materials and/or minerals produced from the leased premises during the preceding calendar month and the amount of royalty being submitted. If any materials and/or minerals produced from the leased premises have been sold during the preceding calendar month, then the report shall also set out the type and exact amount of each material and/or mineral sold during the preceding calendar month, the gross amount received for and the market value of the same (including the method and figures used to calculate this value as shown by any relevant documents, records, reports or schedules), and to whom sales were made. If these sales were made to an affiliated or related partyRosetta pursuant to the first sentence of this Section 7.7, PROVIDED, HOWEVER, the report accompanying such payment shall set out describe in reasonable detail the details reasons for such deduction and the customer to which such deduction relates. In the event Rosetta shall have sold any Collaboration Product or received any revenue in connection with a sale of a Collaboration Product (other than pursuant to the immediately preceding sentence), Rosetta shall likewise deliver to Agilent a written report (consistent with GAAP) within thirty days (30) days after the close of each Rosetta fiscal quarter during which any such Collaboration Product was sold or revenue received by Rosetta and pay over to Agilent, concurrent with the delivery of such affiliation report, any amounts received by Rosetta in connection with such sale or relationship. In additionwhich were otherwise received, the report shall be accompanied by production records, ore records, sales receipts, invoices, weight receipts, records net of mill, mint, refinery or smelter settlements, and other pertinent returns or documents which shall substantiate the selling price of the materials and/or minerals and the compliance of LESSEE with the royalty or other provisions of this lease and any other report, record, or document the COMMISSIONER may require to verify such compliance. If any materials and/or minerals produced from the leased premises have been used by LESSEE during the preceding calendar month, then the report must also indicate the type and exact amount of each material and/or mineral so used and the method and figures used by LESSEE to calculate the value of each material and/or mineral so used as shown by any relevant documents, records, reports or schedules. Each royalty payment shall be accompanied by a check stub, schedule, summary or other remittance advice showing, by the assigned General Land Office lease number, the amount of royalty being paid on each lease. Even if royalty payments are not revenue sharing amounts otherwise due or are taken Rosetta in kind, an affidavit of the LESSEE or his authorized representative, completed in the same form and manner as described in this paragraph, shall be filed with the General Land Office on or before the last day of each calendar monthconnection therewith."

Payments and Reports. Unless (a) Except to the COMMISSIONER elects extent otherwise set forth in, and otherwise in accordance with Exhibit D, each party agrees to take the royalties stipulated make written reports (consistent with GAAP or, where applicable, GAAP Counterpart, and in this lease in kinda format, all royalties not taken in kind are to be received if any, specified by the COMMISSIONERDevelopment Steering Committee, at Austinor as applicable, on the Commercialization Steering Committee) with respect to any payments or before the last day of each calendar month reimbursements for the leased minerals produced during the preceding calendar monthquarter to the other party within sixty (60) days after the close of such calendar quarter during the Term of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the transfer prices payable to Corixa under Article 6 shall be due within sixty (60) days after the close of the calendar quarter in which the Licensed Products were delivered. For transfer prices to be calculated as a function of Net Sales, as applied to such Licensed Products, the purposes value assigned to Net Sales shall be the average Net Sales for the applicable Licensed Product for the applicable territory (Japan or Territory A) during the previous calendar quarter, as calculated on a per-unit basis (i.e. the average per-unit Net Sales for Licensed Products for the applicable territory during such calendar quarter, multiplied by the total number of Licensed Product units supplied under the Supply Agreement for sale in such territory during such calendar quarter) and confirmed by the Commercialization Steering Committee. Following commercial launch of the prior sentence onlyfirst Licensed Product, "produced" these reports shall be defined in the applicable administrative rule effective when the leased minerals on which royalty is owed were physically extracted from the leased premises. The royalty payment shall be accompanied show for such calendar quarter sales by an affidavit such party, its Affiliates and sublicensees of Licensed Products, details of the LESSEE or his authorized representative completed quantities of each type of Licensed Product sold in the following form and manner: The report shall be based on LESSEE's samples, assays, analyses, measurements and records and shall set forth, using the appropriate measurements, the type and exact amount of all materials and/or minerals produced from the leased premises during the preceding calendar month each country and the amount country of royalty being submitted. If any materials and/or minerals produced manufacture (if different), gross revenues from the leased premises have been sold during the preceding calendar monthsales, then the report shall also set out the type trade discounts allowed and exact amount of each material and/or mineral sold during the preceding calendar monthtaken, the gross amount received for and the market value of the same Net Sales, Net Proceeds (including the method and figures used to calculate this value as shown by any relevant documents, records, reports or schedulesdetailing all transactions generating Net Proceeds), and all payments or reimbursements due to whom sales were madethe other party pursuant to this Agreement. If these sales were made Except to an affiliated or related partythe extent otherwise set forth in Exhibit D, concurrently with the report making of each such report, Corixa shall set out the details make payment to Kirin of such affiliation or relationship. In addition, the report shall be accompanied by production records, ore records, sales receipts, invoices, weight receipts, records of mill, mint, refinery or smelter settlementsamounts payable to Kirin under Article 6, and other pertinent returns or documents which Kirin shall substantiate make payment to Corixa of any amounts payable under Article 6, for the selling price of the materials and/or minerals and the compliance of LESSEE with the royalty or other provisions of this lease and any other calendar quarter covered by such report, record, or document the COMMISSIONER may require to verify such compliance. If any materials and/or minerals produced from the leased premises have been used by LESSEE during the preceding calendar month, then the report must also indicate the type and exact amount of each material and/or mineral so used and the method and figures used by LESSEE to calculate the value of each material and/or mineral so used as shown by any relevant documents, records, reports or schedules. Each royalty payment shall be accompanied by a check stub, schedule, summary or other remittance advice showing, by the assigned General Land Office lease number, the amount of royalty being paid on each lease. Even if royalty payments are not due or are taken in kind, an affidavit of the LESSEE or his authorized representative, completed in the same form and manner as described in this paragraph, shall be filed with the General Land Office on or before the last day of each calendar month.