Common use of Past Use Clause in Contracts

Past Use. It is confirmed that Licensee has submitted to Philips a Royalty Reporting Form certified by a corporate officer of Licensee and setting forth the number of Licensed Products Sold by Licensee and its Affiliates prior to the Effective Date (“Past Use”) and a specification of the corresponding royalties due (“Past Use Amount”), based on the Compliance Rate. The Royalty Reporting Form in respect of Past Use is attached hereto as Annex A. Licensee represents that said Royalty Reporting Form in respect of Past Use represents a true, accurate and complete report of the Licensed Products Sold by it and its Affiliates prior to the Effective Date. The past use Royalty Reporting Form shall be subject to Philips’ right of audit set out in Clause 3.6. Licensee shall pay the Past Use Amount to Philips by way of a non‐recoupable and non‐ refundable payment, within 30 days from the Effective Date in accordance with Clause 3.4.

Past Use. It is confirmed that Licensee has submitted to Philips a Royalty Reporting Form certified by a corporate officer of Licensee and setting forth the number of Licensed Products Sold by Licensee and its Affiliates prior to the Effective Date (“Past Use”) and a specification of the corresponding royalties due (“Past Use Amount”), based on the Compliance Rate. The Royalty Reporting Form in respect of Past Use is attached hereto as Annex A. Licensee represents that said Royalty Reporting Form in respect of Past Use represents a true, accurate and complete report of the Licensed Products Sold by it and its Affiliates prior to the Effective Date. The past use Royalty Reporting Form shall be subject to Philips’ right of audit set out in Clause 3.6. Licensee shall pay the Past Use Amount to Philips by way of a non‐recoupable and non‐ refundable payment, within 30 days from after the Effective Date in accordance with Clause 3.4.