Auditing and Reporting. 8.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require. 8.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Publications it has printed or caused to be printed in the preceding [calendar] year and the Agreed Format in which each of those Licensed Publications was printed. 8.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail. 8.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication that the Licensee has printed (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998. 8.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 5 contracts
Sources: Dacs Auction House and Commercial Gallery Licence Terms and Conditions, Book Publishing License Agreement, Book Publishing License Agreement
Auditing and Reporting. 8.1 If an Advance and/or Royalties are set out as payable in the Term Sheet Clause 11 shall apply.
11.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 11.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Publications Products it has printed or caused to be printed sold in the preceding [calendar] year and and, if applicable, the Agreed Format in which of each of those Licensed Publications was printedProducts sold.
8.3 11.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication Product and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail.
8.4 11.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication Product that the Licensee has printed sold (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 11.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 3 contracts
Sources: Copyright License Agreement, Copyright License Agreement, Copyright License Agreement
Auditing and Reporting. 8.1 9.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 9.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Publications it has printed or caused to be printed in the preceding [calendar] year and the Agreed Format in which each of those Licensed Publications was printed.
8.3 9.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail.
8.4 9.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication that the Licensee has printed (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee has Royalties have been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 9.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 2 contracts
Sources: Monograph License Agreement, Monograph License Agreement
Auditing and Reporting. 8.1 10.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 10.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Digital Publications it has printed Downloaded or caused communicated to be printed the public in any way (including both sold copies and Samples and review copies, if any and if permitted) in the preceding [calendar] year and the Agreed Format in which each of those Licensed Publications was printedyear.
8.3 10.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Digital Publication and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail.
8.4 10.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Digital Publication that the Licensee has printed (or which have been printed under a third party’s imprint) sold during the Term to enable DACS to verify that the appropriate Licence Fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 10.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 2 contracts
Sources: Digital Publishing License Agreement, Digital Publishing License Agreement
Auditing and Reporting. 8.1 11.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 11.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year request the number of Licensed Digital Publications it has printed Downloaded or caused communicated to be printed the public in the preceding [calendar] year any way (including both sold copies and the Agreed Format Samples and review copies, if any and if permitted) in which each of those Licensed Publications was printedRoyalty Period.
8.3 11.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply sales of the Licensed Digital Publication and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail.
8.4 11.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Digital Publication that the Licensee has printed (or which have been printed under a third party’s imprint) sold during the Term to enable DACS to verify that the appropriate Licence Fee has Royalties have been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 11.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 1 contract
Sources: Digital Publishing Licence
Auditing and Reporting. 8.1 10.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 10.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Publications it has printed or caused to be printed in the preceding [calendar] calendar year and the Agreed Format in which each of those Licensed Publications was printed.
8.3 10.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail.
8.4 10.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication that the Licensee has printed (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 10.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 1 contract
Sources: Licensing Agreements
Auditing and Reporting. 8.1
12.1 If an Advance and/or Royalties are set out as payable in the Term Sheet Clause 12 shall apply.
12.2 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 12.3 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Publications Products it has printed or caused to be printed sold in the preceding [calendar] year and and, if applicable, the Agreed Format in which of each of those Licensed Publications was printedProducts sold.
8.3 12.4 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication Products and of all uses made of the WorkImage and Artwork, such records being at all times sufficient to establish and follow through an audit trail.
8.4 12.5 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication Product that the Licensee has printed sold (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 12.6 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 1 contract
Sources: Copyright License Agreement
Auditing and Reporting. 8.1 10.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 10.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Publications it has printed or caused to be printed sold in the preceding [calendar] year and the Agreed Format in which of each of those Licensed Publications was printedsold.
8.3 10.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail.
8.4 10.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication that the Licensee has printed sold (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 10.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 1 contract
Sources: Publishing Agreement
Auditing and Reporting. 8.1 12.1 If an Advance and/or Royalties are set out as payable in the Term Sheet Clause 12 shall apply.
12.2 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 12.3 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year the number of Licensed Publications Products it has printed or caused to be printed sold in the preceding [calendar] year and and, if applicable, the Agreed Format in which of each of those Licensed Publications was printedProducts sold.
8.3 12.4 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication Products and of all uses made of the WorkImage and Artwork, such records being at all times sufficient to establish and follow through an audit trail.
8.4 12.5 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication Product that the Licensee has printed sold (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 12.6 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 1 contract
Sources: Copyright License Agreement
Auditing and Reporting. 8.1 The Licensee shall, on written request, give to DACS any information as to its use of the Licence which DACS may reasonably require.
8.2 The Licensee shall, at DACS' request, report to DACS within 30 days of the end of the calendar year Year the number of Licensed Publications it has printed or caused to be printed in the preceding [calendar] year Year and the Agreed Format in which each of those Licensed Publications was printed.
8.3 The Licensee agrees to keep during, and for a period of two calendar years following the end of, the Term full complete and accurate records of all manufacture, sale and supply of the Licensed Publication and of all uses made of the Work, such records being at all times sufficient to establish and follow through an audit trail.
8.4 On written request by DACS, the Licensee will provide, within 30 days of such a request, a statement from independent auditors (to be appointed by DACS) certifying the first publication date and number of copies of the Licensed Publication that the Licensee has printed (or which have been printed under a third party’s imprint) during the Term to enable DACS to verify that the appropriate Licence Fee licence fee has been paid. Where the certified statement discloses a discrepancy in the sum payable to DACS to the detriment of DACS, the Licensee shall (without prejudice to any other right or remedy of DACS) forthwith pay such discrepancy, together with interest on such discrepancy, from the date on which it should have been paid until the date on which it is actually paid, calculated at an annual rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
8.5 The cost of obtaining the certified statement shall be borne by DACS unless the statement discloses an underpayment of 10% or more, in which event the Licensee shall bear such cost.
Appears in 1 contract
Sources: Publishing Agreement