Reports and Payments. (a) Within sixty (60) days after the end of each semiannual period ending on April 30th or October 31st, commencing with the semiannual period ending on October 31, 1994, the CORPORATION shall furnish to AT&T at the address specified in Section 4.03 a statement certified by a responsible official of the CORPORATION showing in a manner acceptable to AT&T: (i) all REPORTABLE PRODUCTS which were sold, leased or put into use during such semiannual period, (ii) the FAIR MARKET VALUES of such REPORTABLE PRODUCTS, (iii) the amount of royalty payable thereon without regard to the minimum payment amounts specified in Section 2.01(b), and (iv) all exclusions from royalty pursuant to Section 2.03. If no REPORTABLE PRODUCT has been so sold, leased or put into use, the statement shall show that fact. (b) Within such sixty (60) days the CORPORATION shall pay in United States dollars to AT&T at the address specified in Section 4.03 either (i) the royalties payable in accordance with such statement or (ii) one half of the minimum amount specified in Section 2.01(b) for the year of such semiannual period, whichever is greater provided, however, that the payment to be made for the second semiannual period of each such year may be adjusted such that the total payment for the year is no greater than the minimum amount for the year if the royalty payable for the year pursuant to Section 2.01(a) does not exceed such minimum amount. Any conversion to United States dollars shall be at the prevailing rate for bank cable transfers as quoted for the last day of such semiannual period by leading United States banks in New York City dealing in the foreign exchange market. (c) Overdue payments hereunder shall be subject to a late payment charge calculated at an annual rate of three percent (3%) over the prime rate or successive prime rates (as posted in New York City) during delinquency. If the amount of such charge exceeds the maximum permitted by law, such charge shall be reduced to such maximum.
Appears in 2 contracts
Sources: Patent License Agreement (Cell Robotics International Inc), Patent License Agreement (Cell Robotics International Inc)
Reports and Payments. (a) Within sixty fifteen (6015) days after the end of each semiannual period quarter ending on April 30th or October March 31st, commencing June 30th, September 30th and December 31st of each calendar year, beginning with the semiannual period ending on October 31, 1994quarter in which this Agreement is executed by the CORPORATION, the CORPORATION shall furnish to AT&T INTELLI-CHECK at the address specified in Section 4.03 a statement certified by a responsible official of the CORPORATION showing in a manner acceptable to AT&Treasonable manner:
(i) all REPORTABLE AGE VERIFICATION PRODUCTS which were sold, leased or put into use during such semiannual period, quarter;
(ii) the FAIR MARKET VALUES NET SALES PRICE of each such REPORTABLE PRODUCTS, product; and
(iii) the amount of royalty payable thereon without regard to the minimum payment amounts specified in Section 2.01(b), and (iv) all exclusions from royalty pursuant to Section 2.03thereon. If no REPORTABLE AGE VERIFICATION PRODUCT has been so sold, leased or put into use, the statement shall show that fact. The first quarterly report shall include an accounting and royalties for AGE VERIFICATION PRODUCTS in that quarter as well as an accounting and royalty payment for such products from the effective date of this Agreement to the beginning of that quarter. All such statements shall be kept confidential.
(b) Within such sixty No later than fifteen (6015) days after the end of each quarter, the CORPORATION shall pay in United States dollars to AT&T INTELLI-CHECK at the address specified in Section 4.03 either (i) the royalties payable in accordance with such statement or (ii) one half of the minimum amount specified in Section 2.01(b) for the year of such semiannual period, whichever is greater provided, however, that the payment to be made for the second semiannual period of each such year may be adjusted such that the total payment for the year is no greater than the minimum amount for the year if the royalty payable for the year pursuant to Section 2.01(a) does not exceed such minimum amount. Any conversion to United States dollars shall be at the prevailing rate for bank cable transfers as quoted for the last day of such semiannual period by leading United States banks in New York City dealing in the foreign exchange marketstatement.
(c) Overdue payments hereunder shall be subject to a late payment charge calculated at an annual rate of three percent percentage points (3%) over the prime rate or successive prime rates (as posted in New York City) during delinquency. If the amount of such late payment charge exceeds the maximum permitted by law, such charge shall be reduced to such maximum.
Appears in 2 contracts
Sources: Intellectual Property License Agreement (Intelli Check Inc), Intellectual Property License Agreement (Intelli Check Inc)
Reports and Payments. a. Within thirty (a) Within sixty (6030) days after the end of each semiannual quarterly period ending on April 30th March 31st, June 30th, September 30th, or October December 31st, commencing with the semiannual quarterly period ending on October 31, 1994during which this Agreement becomes effective, the CORPORATION Licensee shall furnish to AT&T Owner at the address specified in by Section 4.03 7.5 a statement certified by a responsible official of the CORPORATION Licensee showing in a manner acceptable to AT&TOwner:
(i) i. all REPORTABLE PRODUCTS Licensed Products which were sold, leased or put into use during such semiannual periodquarterly period by the Licensee or any of its Related Companies, (ii) the FAIR MARKET VALUES gross sales received for the Licensed Products, and the Fair Market Values of such REPORTABLE PRODUCTSLicensed Products;
ii. all services performed by Licensee or any of its Related Companies that directly or indirectly used Licensed Product, (the gross sales received by the services, and the Fair Market Value of such services;
iii) . the amount of royalty payable thereon without regard to the minimum payment amounts specified in Section 2.01(b)thereon, and (and
iv) all exclusions from royalty pursuant to Section 2.03. If if no REPORTABLE PRODUCT Licensed Product has been so sold, leased or put into useuse or if no services have been performed, the statement shall show that fact.
(b) b. Within such sixty thirty (6030) days days, the CORPORATION Licensee shall pay in United States dollars to AT&T Owner at the address specified in by Section 4.03 either (i) 7.5 the royalties payable in accordance with such statement or (ii) one half of the minimum amount specified in Section 2.01(b) for the year of such semiannual period, whichever is greater provided, however, that the payment to be made for the second semiannual period of each such year may be adjusted such that the total payment for the year is no greater than the minimum amount for the year if the royalty payable for the year pursuant to Section 2.01(a) does not exceed such minimum amountstatement. Any conversion to United States dollars shall be at the prevailing rate for bank cable transfers as quoted for the last day of such semiannual quarterly period by leading United States banks in New York City dealing in the foreign exchange market.
(c) c. Overdue payments hereunder shall be subject to a late payment charge calculated at an annual rate of three percent (3%) over the prime rate or successive prime rates (as posted in New York City) during delinquency. If the amount of such charge exceeds the maximum permitted by law, such charge shall be reduced to such maximum.
Appears in 2 contracts
Sources: License Agreement (Premier Biomedical Inc), License Agreement (Premier Biomedical Inc)
Reports and Payments. (a) Within sixty thirty (6030) days after the end of each semiannual quarterly period ending on April 30th March 31st, June 30th, September 30th, or October December 31st, commencing with the semiannual quarterly period ending on October 31, 1994during which this Agreement becomes effective, the CORPORATION Licensee shall furnish to AT&T Owner at the address specified in by Section 4.03 7.5 a statement certified by a responsible official of the CORPORATION Licensee showing in a manner acceptable to AT&TOwner:
(i) i. all REPORTABLE PRODUCTS Licensed Products which were sold, leased or put into use during such semiannual periodquarterly period by the Licensee or any of its Related Companies, (ii) the FAIR MARKET VALUES gross sales received for the Licensed Products, and the Fair Market Values of such REPORTABLE PRODUCTSLicensed Products;
ii. all services performed by Licensee or any of its Related Companies that directly or indirectly used Licensed Product, (the gross sales received by the services, and the Fair Market Value of such services;
iii) . the amount of royalty payable thereon without regard to the minimum payment amounts specified in Section 2.01(b)thereon, and (and
iv) all exclusions from royalty pursuant to Section 2.03. If if no REPORTABLE PRODUCT Licensed Product has been so sold, leased or put into useuse or if no services have been performed, the statement shall show that fact.
(b) Within such sixty thirty (6030) days the CORPORATION Licensee shall pay in United States dollars to AT&T Owner at the address specified in by Section 4.03 either (i) 7.5 the royalties payable in accordance with such statement or (ii) one half of the minimum amount specified in Section 2.01(b) for the year of such semiannual period, whichever is greater provided, however, that the payment to be made for the second semiannual period of each such year may be adjusted such that the total payment for the year is no greater than the minimum amount for the year if the royalty payable for the year pursuant to Section 2.01(a) does not exceed such minimum amountstatement. Any conversion to United States dollars shall be at the prevailing rate for bank cable transfers as quoted for the last day of such semiannual quarterly period by leading United States banks in New York City dealing in the foreign exchange market.
(c) Overdue payments hereunder shall be subject to a late payment charge calculated at an annual rate of three percent (3%) over the prime rate or successive prime rates (as posted in New York City) during delinquency. If the amount of such charge exceeds the maximum permitted by law, such charge shall be reduced to such maximum.
Appears in 2 contracts
Sources: Patent License Agreement (INverso Corp), Patent License Agreement (INverso Corp)
Reports and Payments. (a) Within [**] and at all times thereafter, that within sixty (60) days after the end of each semiannual period ending on April June 30th or October December 31st, commencing with the semiannual period ending on October 31during which this Agreement first becomes effective, 1994, the CORPORATION ASC shall furnish to AT&T LUCENT at the address specified in Section 4.03 a statement certified by a responsible official of the CORPORATION ASC showing in a manner acceptable to AT&TLUCENT:
(i) all REPORTABLE LICENSED PRODUCTS which were sold, leased or put into use during such semiannual period, ;
(ii) the FAIR MARKET VALUES of such REPORTABLE all [**] or [**] LICENSED PRODUCTS, ;
(iii) the amount of royalty payable thereon without regard to the minimum payment amounts specified in Section 2.01(bany credit available pursuant to Sections 2.01(d), 2.01(e) and 2.04(b) and the net amount payable after application of such credit; and
(iv) all exclusions from royalty pursuant to Section 2.03. If no REPORTABLE LICENSED PRODUCT has been so sold, leased or put into use, the statement shall show that fact.
(b) Within such sixty (60) days the CORPORATION ASC shall pay in United States dollars to AT&T LUCENT at the address specified in Section 4.03 either (i) the royalties payable in accordance with such statement or (ii) one half of the minimum amount specified in Section 2.01(b) for the year of such semiannual period, whichever is greater provided, however, that the payment to be made for the second semiannual period of each such year may be adjusted such that the total payment for the year is no greater than the minimum amount for the year if the royalty payable for the year pursuant to Section 2.01(a) does not exceed such minimum amountstatement. Any conversion to United States dollars shall be at the prevailing rate for bank cable transfers as quoted for the last day of such semiannual period by leading United States banks in New York City dealing in the foreign exchange market.
(c) Overdue payments hereunder shall be subject to a late payment charge calculated at an annual rate of three percent percentage points (3%) over the prime rate or successive prime rates (as posted in New York City) during delinquency. If the amount of such charge exceeds the maximum permitted by law, such charge shall be reduced to such maximum. This provision will not apply if the lateness of the payment was due to the negligence of the United States Postal Service, and it can be shown that the payment was sent via the U.S. Mail with a postmark date at least three (3) business days prior to the date that payment was due. Also, a wire transfer that is late due to the negligence of LUCENT's bank (as identified in Section 4.05(b)) shall not be considered late, if without the negligence of LUCENT's bank, the payment would have been timely.
Appears in 1 contract
Sources: Patent License Agreement (American Superconductor Corp /De/)