Common use of Discrepancy Clause in Contracts

Discrepancy. If such accounting firm and/or attorney identifies a discrepancy in Licensor’s favor during such period, i.e., Licensee has underpaid a royalty owed to Licensor, Licensee shall make payment to Licensor in the amount of such discrepancy, plus interest as calculated in Section 4.3(b)(ii), within […***…] of the date Licensor delivers to Licensee such accounting firm’s or attorney’s written report, or as otherwise mutually agreed by the Parties. In the event of such discrepancy of more than […***…] of the royalty due in Licensor’s favor and subject to a minimum amount of US Dollar […***…] in royalties, Licensee will pay the costs of the audit within […***…] of receipt from Licensor of a copy of the invoice for such audit from the accounting firm.

Appears in 3 contracts

Sources: Non Exclusive Patent License Agreement (Bionano Genomics, Inc.), Non Exclusive Patent License Agreement (BioNano Genomics, Inc), Non Exclusive Patent License Agreement (BioNano Genomics, Inc)