Common use of Underpayment or Overpayment Clause in Contracts

Underpayment or Overpayment. If as a result of any audit pursuant to Section 4.5(a) it is shown that TALISKER’s royalty payments under this Agreement with respect to the period of time audited were less than the amount that should have been paid pursuant to this Agreement, then TALISKER shall, within five (5) Business Days after delivery of the audit report above either pay to ZARS the amount of such shortfall, or proceed to the dispute resolution mechanism set forth in Section 4.5(c) below. If as a result of any audit pursuant to Section 4.5(a) it is shown that TALISKER’s royalty payments under this Agreement with respect to the period of time audited exceeded the amount that should have been paid pursuant to this Agreement, then ZARS shall, within five (5) Business Days after delivery of the audit report above either pay to TALISKER the amount of such overcharge, or proceed to the dispute resolution mechanism set forth in Section 4.5(c) below.

Underpayment or Overpayment. If as a result of any audit pursuant to Section 4.5(a) it is shown that TALISKERENDO’s royalty payments under this Agreement with respect to the period of time audited were less than the amount that should have been paid pursuant to this Agreement, then TALISKER ENDO shall, within five fifteen (515) Business Days after delivery of the audit report above ZARS’ demand therefor, either pay to ZARS the amount of such shortfall, or proceed to the dispute resolution mechanism set forth in Section 4.5(c) below. If as a result of any audit pursuant to Section 4.5(a) it 4.5(a)it is shown that TALISKERENDO’s royalty payments under this Agreement with respect to the period of time audited exceeded the amount that should have been paid pursuant to this Agreement, then ZARS shall, . within five fifteen (515) Business Days after delivery of the audit report above ENDO’s demand therefor, either pay to TALISKER ENDO or agree to in writing to credit ENDO against ENDOs next required royalty payment the amount of such overcharge, excess or proceed to the dispute resolution mechanism set forth in Section 4.5(c) below.

Underpayment or Overpayment. If as a result of any audit pursuant to Section 4.5(asubsection (a) it is shown that TALISKERENDO’s royalty payments under this Agreement with respect to the period of time audited were less than the amount that should have been paid pursuant to this Agreement, then TALISKER ENDO shall, within five thirty (530) Business Days days after delivery of the audit report above TEIKOKU’s demand therefor, either pay to ZARS TEIKOKU the amount of such shortfall, shortfall or proceed to the dispute resolution mechanism set forth in Section 4.5(csubsection (c) below. If as a result of any audit pursuant to Section 4.5(asubsection (a) it is shown that TALISKERENDO’s royalty payments under this Agreement with respect to the period of time audited exceeded the amount that should have been paid pursuant to this Agreement, then ZARS TEIKOKU shall, within five thirty (530) Business Days days after delivery of the audit report above ENDO’s demand therefor, either pay ENDO or agree to TALISKER in writing to credit ENDO against ENDO’s next required royalty payment the amount of such overcharge, excess or proceed to the dispute resolution mechanism set forth in Section 4.5(csubsection (c) below.