Common use of Fees and Expenses; Allocation of Award Clause in Contracts

Fees and Expenses; Allocation of Award. OAM and Centerpoint shall each pay its respective pro rata share of the direct costs and expenses associated with, or incurred in connection with, the administration of the Action (such costs and expenses, the "Expenses"). Bion shall not be responsible for the payment of any Expenses. The procedure for the payment of expenses by Centerpoint shall be as follows: each month OAM shall provide Centerpoint with a reasonably itemized statement of the Expenses actually incurred by OAM and paid to non-affiliated parties in connection with the administration of the action, along with adequate proof of payment. Centerpoint shall reimburse OAM for all such Expenses reasonably incurred by OAM within 25 days of Centerpoint's receipt of such itemized statement and proof of payment; provided, however, that Centerpoint shall not be required to reimburse OAM for any Expenses until such time as Centerpoint's Pro Rata Share exceeds a minimum "basket" amount of $5,000. In the event that Centerpoint does not fully reimburse OAM for its reasonable Expenses in excess of the $5,000 basket amount as set forth in the itemized statement within 25 days of Centerpoint's receipt of such statement, Centerpoint shall thereupon forfeit its interest in the action and proof of payment.