Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 shall be borne by BGM; provided, however, that if any audit reveals that Abbott underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] ($[***]), Abbott, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 2 contracts
Sources: License and Distribution Agreement (BG Medicine, Inc.), License and Distribution Agreement (BG Medicine, Inc.)
Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 3.10 shall be borne by BGM; provided, however, that if any audit reveals that Abbott IMI underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] Dollars ($[***]), AbbottIMI, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 1 contract
Sources: License and Distribution Agreement (BG Medicine, Inc.)
Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 shall be borne by BGM; provided, however, that if any audit reveals that Abbott BMX underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] ($[***]), AbbottBMX, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 1 contract
Sources: License and Distribution Agreement (BG Medicine, Inc.)
Cost of Audits. All fees and expenses of any audit requested by BGM pursuant to Subsection 3.11 shall be borne by BGM; provided, however, that if any audit reveals that Abbott ▇▇▇▇▇▇ underpaid Product Fees due to BGM under this Agreement as to the time period being audited by more than [***] percent ([***]%) of the amount that was payable for such time period, and as long as the underpayment amount is at least [***] ($[***]), Abbott▇▇▇▇▇▇, in addition to paying BGM any underpayment, shall reimburse BGM for the cost of such audit.
Appears in 1 contract