Common use of Frequency of Reporting Clause in Contracts

Frequency of Reporting. The fiscal year of AxysCyt will be a twelve (12) month period ending on December 31 or such portion thereof as will be applicable. AxysCyt's first, second, third and fourth quarters will end on March 31, June 30, September 30 and December 31, respectively. Reporting by the selling Party for AxysCyt revenues and expenses will be performed as follows: [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Reporting Event Frequency Timing of Submission --------------- --------- -------------------- Actuals Quarterly [ * ] following the end of each quarter Adjustment Annual [ * ] following the selling Party's fiscal year end* In addition, the selling Party will provide the non-selling Party with the selling Party's internal, unaudited financial statements for AxysCyt for each of [ * ] promptly after each such financial statement is distributed internally at the selling Party. The selling Party will be responsible for the preparation of reports, calculation of the Profit or Loss with respect to the selling Party's Product to be shared and determination of the cash settlement between the Parties as set forth below. The selling Party will provide to the non-selling Party, by the submission dates shown above, a statement showing the AxysCyt results for the preceding calendar quarter and year-to-date in the format set forth in Schedule A-1 hereto, comparing quarterly and year to date results to revenue forecasts and expense budgets, calculating the Profit or Loss as provided in Section A.1 above and Schedule A-1 hereto, and determining the cash settlement required. To the extent any year-end adjustments to AxysCyt are determined in good faith by the selling Party to be appropriate, an appropriate adjustment to Profit or Loss with respect to the selling Party's Product for the applicable year will be made and an appropriate payment will be made by the applicable Party within [ * ] following receipt of the report describing such adjustment; provided, however, that in the event of a dispute between the Parties with respect to whether any such adjustment or any other adjustment requested by the non-selling Party is appropriate, such dispute will be referred to the Chief Executive Officer of the selling Party and the non-selling Party Designee for resolution pursuant to Section 11.10 of the Agreement. Any such adjustment payment will be without interest if such amount is less than the lesser of (a) [ * ] of Profits or Losses for such year or (b) [ * ] and will bear interest at the rate set forth in Section 6.10(b) of the Agreement if such amount is greater than or equal to the lesser of (x) [ * ] of Profits or Losses for such year or (y) [ * ].

Frequency of Reporting. The fiscal year of AxysCyt for the Agreement will be a twelve (12) month period ending on December 31 or such portion thereof as will be applicablecalendar year. AxysCyt's first, second, third and fourth quarters will end on March 31, June 30, September 30 and December 31, respectively. Reporting by the selling Party for AxysCyt revenues and expenses will be performed as follows: [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Reporting Event will be at the times set forth in the following Report Table, with submissions due on the date indicated or the next business day if such date is a weekend or U.S. holiday: Report Frequency Timing of Submission --------------- --------- -------------------- Actuals Quarterly Q1-Q4: [ * ] following the end of each quarter Adjustment Annual Forecasts Quarterly Q1-Q3: [ * ] following the selling Party's fiscal year end* In addition, the selling Party will provide the non-selling Party with the selling Party's internal, unaudited financial statements for AxysCyt for each of Draft Consolidation & Variances Quarterly Quarter end [ * ] promptly after each Final Consolidation & Variances Quarterly Quarter end [ * ] Budgets Annually December 15 [ * ] Long Range Plan Annually December 15 [ * ] The Parties may agree to modify the foregoing reporting cycles and deadlines. In the event that a Party substantially or materially changes its internal reporting cycles and deadlines generally, then the Parties shall discuss, in good faith, appropriate revisions to the foregoing reporting cycles and deadlines to reasonably accommodate such financial statement is distributed internally at change. Unless otherwise agreed by the selling PartyParties consistent with their responsibilities for sales and marketing, the Commercializing Party shall record sales. The selling On a monthly basis, the Commercializing Party will be responsible supply the other Party with each month’s Gross Sales and Net Sales of Profit Share Products, including the basis for the preparation of reports, calculation of such amounts, in units and U.S. dollars in the Profit or Loss with respect United States and in local currency (which may be converted to the selling Party's Product to be shared and determination U.S. dollars) outside of the cash settlement between United States. Each such report shall be provided as early as possible, but no later than [ * ] days after the Parties as set forth below. The selling Party will last day of the month in question, and shall provide to the non-selling Party, by the submission dates shown above, a statement showing the AxysCyt results for the preceding calendar quarter monthly and year-to-date in cumulative figures. Each Party will make available a financial representative to discuss the format set forth in Schedule A-1 heretofollowing, comparing quarterly at the request of the other Party: Development Costs Results Forecasts Budgets Long Range Plans Gross Sales Sales Returns and year to date results to revenue forecasts Allowances Inventory Levels Sales and expense budgets, calculating the Profit or Loss Marketing Costs other financial matters as provided in Section A.1 above and Schedule A-1 hereto, and determining the cash settlement required. To the extent any year-end adjustments to AxysCyt are determined in good faith by the selling Party to be appropriate, an appropriate adjustment to Profit or Loss with respect to including methodologies for determining costs, actual amounts, forecasts, budgets and long range plans and the selling Party's Product for the applicable year will be made and an appropriate payment will be made by the applicable Party within results of applying such methodologies [ * ] following receipt of the report describing such adjustment; provided= CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, howeverMARKED BY BRACKETS, that in the event of a dispute between the Parties with respect to whether any such adjustment or any other adjustment requested by the non-selling Party is appropriateHAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, such dispute will be referred to the Chief Executive Officer of the selling Party and the non-selling Party Designee for resolution pursuant to Section 11.10 of the Agreement. Any such adjustment payment will be without interest if such amount is less than the lesser of (a) [ * ] of Profits or Losses for such year or (b) [ * ] and will bear interest at the rate set forth in Section 6.10(b) of the Agreement if such amount is greater than or equal to the lesser of (x) [ * ] of Profits or Losses for such year or (y) [ * ]AS AMENDED.

Frequency of Reporting. The fiscal year of AxysCyt for the Agreement will be a twelve (12) month period ending on December 31 or such portion thereof as will be applicablecalendar year. AxysCyt's first, second, third and fourth quarters will end on March 31, June 30, September 30 and December 31, respectively. Reporting by the selling Party for AxysCyt revenues and expenses will be performed as follows: [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Reporting Event Frequency Timing of Submission --------------- --------- -------------------- will be at the times set forth in the following Report Table, with submissions due on the date indicated or the next business day if such date is a weekend or U.S. holiday: Actuals Quarterly Q1-Q4: [ * ] following the end of each quarter Adjustment Annual Forecasts Quarterly Q1-Q3: [ * ] following the selling Party's fiscal year end* In addition, the selling Party will provide the non-selling Party with the selling Party's internal, unaudited financial statements for AxysCyt for each of Draft Consolidation & Variances Quarterly Quarter end [ * ] promptly after each Final Consolidation & Variances Quarterly Quarter end [ * ] Budgets Annually December 15 [ * ] Long Range Plan Annually December 15 [ * ] The Parties may agree to modify the foregoing reporting cycles and deadlines. In the event that a Party substantially or materially changes its internal reporting cycles and deadlines generally, then the Parties shall discuss, in good faith, appropriate revisions to the foregoing reporting cycles and deadlines to reasonably accommodate such financial statement is distributed internally at change. Unless otherwise agreed by the selling PartyParties consistent with their responsibilities for sales and marketing, the Commercializing Party shall record sales. The selling On a monthly basis, the Commercializing Party will be responsible supply the other Party with each month’s Gross Sales and Net Sales of Profit Share Products, including the basis for the preparation of reports, calculation of such amounts, in units and U.S. dollars in the Profit or Loss with respect United States and in local currency (which may be converted to the selling Party's Product to be shared and determination U.S. dollars) outside of the cash settlement between United States. Each such report shall be provided as early as possible, but no later than [ * ] days after the Parties as set forth below. The selling Party will last day of the month in question, and shall provide to the non-selling Party, by the submission dates shown above, a statement showing the AxysCyt results for the preceding calendar quarter monthly and year-to-date in cumulative figures. Each Party will make available a financial representative to discuss the format set forth in Schedule A-1 heretofollowing, comparing quarterly at the request of the other Party: Development Costs Results Forecasts Budgets Long Range Plans Gross Sales Sales Returns and year to date results to revenue forecasts Allowances Inventory Levels Sales and expense budgets, calculating the Profit or Loss Marketing Costs other financial matters as provided in Section A.1 above and Schedule A-1 hereto, and determining the cash settlement required. To the extent any year-end adjustments to AxysCyt are determined in good faith by the selling Party to be appropriate, an appropriate adjustment to Profit or Loss with respect to including methodologies for determining costs, actual amounts, forecasts, budgets and long range plans and the selling Party's Product for the applicable year will be made and an appropriate payment will be made by the applicable Party within results of applying such methodologies [ * ] following receipt of the report describing such adjustment; provided= CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, howeverMARKED BY BRACKETS, that in the event of a dispute between the Parties with respect to whether any such adjustment or any other adjustment requested by the non-selling Party is appropriateHAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, such dispute will be referred to the Chief Executive Officer of the selling Party and the non-selling Party Designee for resolution pursuant to Section 11.10 of the Agreement. Any such adjustment payment will be without interest if such amount is less than the lesser of (a) [ * ] of Profits or Losses for such year or (b) [ * ] and will bear interest at the rate set forth in Section 6.10(b) of the Agreement if such amount is greater than or equal to the lesser of (x) [ * ] of Profits or Losses for such year or (y) [ * ]AS AMENDED.

Frequency of Reporting. The fiscal year of AxysCyt the Collaboration will be a twelve (12) month period ending on December 31 or calendar year. Unless the schedule of such portion thereof as will be applicable. AxysCyt's firstreporting is altered pursuant to an agreement between the financial representatives from the Parties, second, third and fourth quarters will end on March 31, June 30, September 30 and December 31, respectively. Reporting reporting by the selling each Party for AxysCyt the Collaboration revenues and expenses will be performed as follows: [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. :Reporting Event Frequency Timing of Submission --------------- --------- -------------------- ------------------------- ------------ --------------------------------- Actuals - Net Sales Monthly 5 days Actuals - Product profit Quarterly [ * ] following 30 days Forecasts Quarterly 15 days prior to Quarter End (rest of year - by month) Preliminary Budgets Annually October 22 (one year - by month) Final Budgets Annually November 15 (one year - by month) Long Range Plan Annually October 22 (current year plus 3 years) Reports of actual results compared to budget will be made to the end of each quarter Adjustment Annual [ * ] following Finance Committee described in Section 2.5 (the selling Party's fiscal year end* In addition"Finance Committee") unless otherwise determined by the Steering Committee. After approval by the Finance Committee as to amounts, the selling Party Finance Committee will provide forward the non-selling Party with report to the selling Party's internalSteering Committee for its approval. Spending variances from the total overall budgets, unaudited financial statements for AxysCyt for each and significant expense variances in budget line items, will only be included in calculation of [ * ] promptly after each such financial statement is distributed internally at Product Profits and Losses when approved by the selling PartyFinance Committee and the Steering Committee. The selling Party SangStat will be responsible for the preparation of reportsconsolidated reporting of the Collaboration (including Product Profit or Loss), calculation of the Profit or Loss with respect to the selling Party's Product to be shared profit/loss sharing and determination of the cash settlement between the Parties as set forth belowsettlement. The selling Party SangStat will provide to the non-selling Party, by financial representatives from each Party within fifteen (15) working days of the submission dates date shown above, a statement showing the AxysCyt consolidated results and calculations of the Product Profit or Loss sharing and cash settlement required in a format agreed to by the Parties. On a monthly basis, each Party selling Licensed Product will supply the other with each month's Gross Sales and Net Sales of Licensed Products in units, local currency and U.S. dollars ( (using the average foreign exchange rate used by each Party for that month's transactions in accordance with US GAAP)) by country in the preceding calendar quarter Territory according to such Party's sales reporting system, which shall be consistent with the Financial Planning, Accounting and Reporting Procedures. Each such report shall be provided as early as possible, but no later than five (5) working days after the last day of the month in question, and shall separately provide monthly, quarterly and year-to-date in cumulative figures. The financial representatives from the format set forth in Schedule A-1 heretoParties will meet as appropriate but at least quarterly to review the following: - actual results - forecasts - budgets - inventory levels - Sales Returns and Allowances - other financial matters, comparing quarterly and year to date results to revenue forecasts and expense budgets, calculating the Profit or Loss as provided in Section A.1 above and Schedule A-1 hereto, and determining the cash settlement required. To the extent any year-end adjustments to AxysCyt are determined in good faith by the selling Party to be appropriate, an appropriate adjustment to Profit or Loss with respect to the selling including each Party's Product methodologies for the applicable year will be made charging and an appropriate payment will be made by the applicable Party within [ * ] following receipt of the report describing such adjustment; provided, however, that in the event of a dispute between the Parties with respect to whether any such adjustment or any other adjustment requested by the non-selling Party is appropriate, such dispute will be referred to the Chief Executive Officer of the selling Party and the non-selling Party Designee for resolution pursuant to Section 11.10 of the Agreement. Any such adjustment payment will be without interest if such amount is less than the lesser of (a) [ * ] of Profits or Losses for such year or (b) [ * ] and will bear interest at the rate set forth in Section 6.10(b) of the Agreement if such amount is greater than or equal to the lesser of (x) [ * ] of Profits or Losses for such year or (y) [ * ]allocating costs.