Common use of Royalty Reports Clause in Contracts

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing Revenues, Oxis shall furnish to Licensor a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing Revenues; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "Currency Trading" on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty [*] (60[*]) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis Company or its Affiliates of Net Sublicensing Revenues, Oxis Company shall furnish to Licensor a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing Revenues; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's sublicensees Company’s Sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following the first to occur of the First Commercial Sale of a Licensed Product and the receipt by Oxis Erasca or its Affiliates of Net Sublicensing Revenues, Oxis Erasca shall furnish to Licensor NiKang a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing Revenues; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Licensed Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's Erasca’s sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing RevenuesProduct, Oxis Ignyta shall furnish to Licensor Nerviano a quarterly written report showing (each, a “Payment Report”) stating in reasonably specific detail (a) the gross sales of a Product sold by Ignyta, its Affiliates or Sublicensees, (b) the units sold by Ignyta, its Affiliates and Sublicensees and the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarterquarter on a country by country basis; (c) the calculation of the royaltiesRoyalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing RevenuesSales; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollarsDollars. With respect to sales of Products invoiced in United States dollarsDollars, the gross sales, Net Sales and royalties Royalties payable shall be expressed in United States dollarsDollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's sublicensees hereunderDollars, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar Dollar equivalent. The United States dollar Dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis Company or its Affiliates of Net Sublicensing Revenues, Oxis Company shall furnish to Licensor ID4 a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing Revenues; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by OxisCompany's sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "Currency Trading" on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty (60) days [***] after the end of each calendar quarter Calendar Quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing RevenuesLicensed Product, Oxis Arcutis shall furnish to Licensor Hengrui a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales by Arcutis and its Affiliates during such calendar quarterCalendar Quarter; (b) the calculation of Net Sublicensing Revenues for Sales by Arcutis’s non-Affiliate Sublicensees, if during the Calendar Quarter immediately preceding such quarterCalendar Quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing RevenuesSales; (d) the withholding taxes, . if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollarsDollars ‘a “Royalty Report”). With respect to sales of Licensed Products invoiced in United States dollarsDollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollarsDollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars Dollars and (ii) cash consideration paid in a currency other than United States dollars Dollars by Oxis's sublicensees Sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar Dollar equivalent. The United States dollar Dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$US $1) published in The Wall Street Journal, Western Edition, under the heading "‘‘Currency Trading" ” on the last business day of each month during the applicable calendar quarterCalendar Quarter, or other newspaper agreed to by the Parties.

Royalty Reports. Within sixty (60) [*] days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing RevenuesLicensed Product, Oxis Company shall furnish to Licensor a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales by Company during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for Sales by Company’s Affiliates and Sublicensees, if any, during the calendar quarter immediately preceding such calendar quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales including a clear explanation and Net Sublicensing Revenuescalculations of any permitted royalty reductions under Sections 4.3.2 and 4.3.3; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Licensed Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's sublicensees Company’s Sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter, or other newspaper agreed to by the Parties.

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis Company or its Affiliates of Net Sublicensing Revenues, Oxis Company shall furnish to Licensor ID4 a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing Revenues; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's Company’s sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty ninety (6090) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing RevenuesLimited Market Release, Oxis TranS1 shall furnish to Licensor a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for Sales to date during such quartercalendar year; (c) until payment of the milestones provided for in Section 4.3, the calculation of cumulative total Net Sales after the Effective Date; (d) the calculation of the royaltiesamounts payable, if any, that shall have accrued based upon such Net Sales Sales, including royalties and Net Sublicensing Revenuesany Sales-based milestone payments; (de) the withholding taxes, if any, required by law to be deducted with respect to such salespayments; and (ef) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's sublicensees hereunderdollars, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) during such quarter as published in The Wall Street Journal, Western Eastern Edition, under the heading "“Currency Trading" on ” The daily average shall be determined by adding together the last closing exchange rate for each business day in New York, New York during such quarter and dividing such amount by the number of each month business days during the applicable calendar such quarter.

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis Innovive or its Affiliates of Net Sublicensing Revenues, Oxis Innovive shall furnish to Licensor TMRC a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing Revenues; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's Innovive’s sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter.. [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. \

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing RevenuesProduct, Oxis Trovagene shall furnish to Licensor Nerviano a quarterly written report showing stating in reasonably specific detail (a) the gross sales of a Product sold by Trovagene, its Affiliates, Sublicensees or Acquiror, (b) the units sold by Trovagene, its Affiliates, Sublicensees or Acquiror and the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarterquarter on a country by country basis; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing RevenuesSales; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollarsDollars. With respect to sales of Products invoiced in United States dollarsDollars, the gross sales, Net Sales and royalties payable shall be expressed in [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portion. United States dollarsDollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's sublicensees hereunderDollars, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar Dollar equivalent. The conversion of the foreign currencies to the United States dollar Dollar equivalent shall be calculated using the daily average closing rates of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "Currency Trading" by Reuters Ldt on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing RevenuesProduct, Oxis Ignyta shall furnish to Licensor Nerviano a quarterly written report showing stating in reasonably specific detail (a) the gross sales of a Product sold by Ignyta, its Affiliates, Sublicensees or Acquiror, (b) the units sold by Ignyta, its Affiliates, Sublicensees or Acquiror and the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarterquarter on a country by country basis; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing RevenuesSales; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollarsDollars. With respect to sales of Products invoiced in United States dollarsDollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollarsDollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's sublicensees hereunderDollars, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar Dollar equivalent. The United States dollar Dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter.

Royalty Reports. Within sixty (60) days after the end of each calendar quarter during the term of this Agreement following first to occur of the First Commercial Sale of a Product and the receipt by Oxis or its Affiliates of Net Sublicensing Revenues, Oxis shall furnish to Licensor a quarterly written report showing in reasonably specific detail (a) the calculation of Net Sales during such calendar quarter; (b) the calculation of Net Sublicensing Revenues for such quarter; (c) the calculation of the royalties, if any, that shall have accrued based upon such Net Sales and Net Sublicensing Revenues; (d) the withholding taxes, if any, required by law to be deducted with respect to such sales; and (e) the exchange rates, if any, used in determining the amount of United States dollars. With respect to sales of Products invoiced in United States dollars, the gross sales, Net Sales and royalties payable shall be expressed in United States dollars. With respect to (i) Net Sales invoiced in a currency other than United States dollars and (ii) cash consideration paid in a currency other than United States dollars by Oxis's ’s sublicensees hereunder, all such amounts shall be expressed both in the currency in which the distribution is invoiced and in the United States dollar equivalent. The United States dollar equivalent shall be calculated using the average of the exchange rate (local currency per US$1) published in The Wall Street Journal, Western Edition, under the heading "“Currency Trading" ” on the last business day of each month during the applicable calendar quarter.