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such fixed fee shall be refundable to IRC except as
provided in Section 8 hereof.
The Exhibit B payment schedule referred to in section 2.02
of the R & D Agreement provides as follows:
EXHIBIT B
to
RESEARCH AND DEVELOPMENT AGREEMENT
Impact Research Corporation shall make payments to
Systems Impact, Inc. pursuant to the Research and
Development Agreement according to the following schedule:
Date Amount of payment
No later than
Mar. 19, 1984 $151,000
Apr. 1, 1984 149,000
May 1, 1984 143,000
June 1, 1984 137,000
July 1, 1984 102,000
Aug. 1, 1984 97,000
Sept. 1, 1984 96,000
TOTAL 875,000
Any payments that IRC made to Systems were not made in
accordance with the Exhibit B payment schedule.11 Systems did
not provide to IRC the monthly reports referenced in par. 2.02 of
the R & D Agreement or any other written periodic reports, nor
11So stipulated. See supra note 10, as to our lack of
information as to RIC’s obligations. Also, the record does not
indicate whether RIC made payments in accordance with any such
obligations.
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