Common use of Additional Entitlement Clause in Contracts

Additional Entitlement. ProQuest shall supply additional entitlements, which shall not be for resale, of the ASFA Products (except 3rd-party online services, but including ASFA on ProQuest's online platform) to Partners contributing records in excess of 250 per year (but see 5.2h) according to the following formula (see paragraphs 5.3, 5.5, 5.6 and 5.7 for terms and conditions of use): each Partner shall have additional entitlement, based on the average number of records that Partner submitted to the ASFA database in machine readable format during the previous three calendar years (the three-year average contribution figure will be calculated at the end of every calendar year); (see paragraph (g) regarding special arrangements for "Collaborating ASFA Centres", i.e. those institutes which assist the ASFA National Partners in preparing ASFA input). Partners will be eligible for additional entitlements in accordance with the scheme set out in Exhibit E; In accordance with (a) and (b) above the Partners may acquire additional ASFA Products (except online services, but including ASFA on ProQuest's online platform) including a magnetic tape (or equivalent machine readable format) from ProQuest; ProQuest shall make further copies of the ASFA Products (except online services) available to Partners for purchase at the following discount rate from ProQuest's and sublicensees's then current international price list: (i) thirty five percent (35%) discount for Partners from developed countries (this discount rate applies only to ProQuest's online platform) and twenty five percent (25%) discount (this discount rate applies to the other ASFA Products) and (ii) seventy five percent (75%) for Partners from developing countries (which shall be determined by ProQuest and FAO in good faith consultation). ProQuest will offer a further discount, or complimentary access, to any ASFA Partner contributing significantly to the production of either the Deep Indexing: Aquatic Sciences or WRA database. ProQuest shall make copies of the ASFA Products (except online services, but including ASFA on ProQuest's online platform) available to certain new customers located in developing countries (which shall be determined by ProQuest and FAO in good faith consultation) at a discount of fifty percent (50%) from ProQuest's and ProQuest's sublicensees then-current international price list. Should ProQuest decide in the future to market the CD/DVD-ROM product, FAO and ProQuest agree to limit the number of CD/DVD-ROM subscriptions available under this Paragraph 5.2e to ten (10) copies per year. In addition ProQuest shall make ASFA on ProQuest's online platform available, free of charge, to Low Income Food-Deficit Countries in consultation with FAO (see paragraph 5.8). ProQuest and FAO shall together determine how the additional entitlement programme will be implemented and make decisions as required on such issues as: the rate of exchange on international price lists that quote prices in currencies other than US dollars; the designation of a particular CD/DVD-ROM distributor (if the CD/DVD ROM is marketed) or distributors as the official distributor(s) for programme purposes; any limits on distribution of ASFA Products that need to be imposed as a result of the number or kind of Products available, and the like. Collaborating ASFA Centres - a number of ASFA National Partners have recruited Collaborating Centres (see Exhibit-B) to assist them in ASFA input production. FAO welcomes and encourages this as it contributes to capacity building within the ASFA Partner's country which is of high priority among FAO mandates. However, such Collaborating ASFA Centres may not, for various reasons, be able to produce 250 records (i.e. in addition to the 250 records produced by the National ASFA Partner) in order to qualify for an additional ASFA entitlement(s) (e.g. access to ASFA database via the Internet and/or the CD/DVD-ROM). THEREFORE, in the case of Collaborating ASFA Centres located in developing countries not being able to produce 250 records, but nonetheless inputting/processing records up to their capacity, ProQuest shall provide the Collaborating Centre with access to the ASFA database via Internet. This relationship will be managed by the main ASFA input center, typically the National center, and ProQuest, in consultation with FAO. In addition, depending on the availability of the CD/DVD ROM product in ProQuest, the Collaborating Centre could also request this format of the database. Notwithstanding what is stated above, all provision of additional entitlements to Collaborating ASFA Centres in developing countries, with limited input production, would be determined and overseen by ProQuest and FAO in good faith consultation. As regards Collaborating ASFA Centres in developed countries, in some exceptional cases these Centres may also be eligible to receive access to the ASFA database via Internet and/or CD/DVD-ROM even though they are producing a limited number of inputs. This would need to be decided on a case-by-case basis by ProQuest and FAO. Regardless of Partner input levels, ProQuest's online access to Water Resources Abstracts and/or CSA Illustrata: Natural Sciences will be discounted by 25% for Partners from developed countries, and 75% for Partners from developing countries. The 75% discount will also be made available to certain new customers in developing countries (which shall be determined by ProQuest and FAO in good faith consultation).

Additional Entitlement. ProQuest shall supply additional entitlements, which shall not be for resale, of the ASFA Products (except 3rd-party online services, but including ASFA on ProQuest's online platform) to Partners contributing records in excess of 250 per year (but see 5.2h) according to the following formula (see paragraphs 5.3, 5.5, 5.6 and 5.7 for terms and conditions of use): ): a) each Partner shall have additional entitlement, based on the average number of records that Partner submitted to the ASFA database in machine readable format during the previous three calendar years (the three-year average contribution figure will be calculated at the end of every calendar year); (see paragraph (g) regarding special arrangements for "Collaborating ASFA Centres", i.e. those institutes which assist the ASFA National Partners in preparing ASFA input). . b) Partners will be eligible for additional entitlements in accordance with the scheme set out in Exhibit E; ; c) In accordance with (a) and (b) above the Partners may acquire additional ASFA Products (except online services, but including ASFA on ProQuest's online platform) including a magnetic tape (or equivalent machine readable format) from ProQuest; ; d) ProQuest shall make further copies of the ASFA Products (except online services) available to Partners for purchase at the following discount rate from ProQuest's and sublicensees's then current international price list: (i) thirty five percent (35%) discount for Partners from developed countries (this discount rate applies only to ProQuest's online platform) and twenty five percent (25%) discount (this discount rate applies to the other ASFA Products) and (ii) seventy five percent (75%) for Partners from developing countries (which shall be determined by ProQuest and FAO in good faith consultation). ProQuest will offer a further discount, or complimentary access, to any ASFA Partner contributing significantly to the production of either the Deep Indexing: Aquatic Sciences or WRA database. . e) ProQuest shall make copies of the ASFA Products (except online services, but including ASFA on ProQuest's online platform) available to certain new customers located in developing countries (which shall be determined by ProQuest and FAO in good faith consultation) at a discount of fifty percent (50%) from ProQuest's and ProQuest's sublicensees then-current international price list. Should ProQuest decide in the future to market the CD/DVD-ROM product, FAO and ProQuest agree to limit the number of CD/DVD-ROM subscriptions available under this Paragraph 5.2e to ten (10) copies per year. In addition ProQuest shall make ASFA on ProQuest's online platform available, free of charge, to Low Income Food-Deficit Countries in consultation with FAO (see paragraph 5.8). . f) ProQuest and FAO shall together determine how the additional entitlement programme will be implemented and make decisions as required on such issues as: the rate of exchange on international price lists that quote prices in currencies other than US dollars; the designation of a particular CD/DVD-ROM distributor (if the CD/DVD ROM is marketed) or distributors as the official distributor(s) for programme purposes; any limits on distribution of ASFA Products that need to be imposed as a result of the number or kind of Products available, and the like. . g) Collaborating ASFA Centres - a number of ASFA National Partners have recruited Collaborating Centres (see Exhibit-B) to assist them in ASFA input production. FAO welcomes and encourages this as it contributes to capacity building within the ASFA Partner's country which is of high priority among FAO mandates. However, such Collaborating ASFA Centres may not, for various reasons, be able to produce 250 records (i.e. in addition to the 250 records produced by the National ASFA Partner) in order to qualify for an additional ASFA entitlement(s) (e.g. access to ASFA database via the Internet and/or the CD/DVD-ROM). THEREFORE, in the case of Collaborating ASFA Centres located in developing countries not being able to produce 250 records, but nonetheless inputting/processing records up to their capacity, ProQuest shall provide the Collaborating Centre with access to the ASFA database via Internet. This relationship will be managed by the main ASFA input center, typically the National center, and ProQuest, in consultation with FAO. In addition, depending on the availability of the CD/DVD ROM product in ProQuest, the Collaborating Centre could also request this format of the database. Notwithstanding what is stated above, all provision of additional entitlements to Collaborating ASFA Centres in developing countries, with limited input production, would be determined and overseen by ProQuest and FAO in good faith consultation. As regards Collaborating ASFA Centres in developed countries, in some exceptional cases these Centres may also be eligible to receive access to the ASFA database via Internet and/or CD/DVD-ROM even though they are producing a limited number of inputs. This would need to be decided on a case-by-case basis by ProQuest and FAO. . h) Regardless of Partner input levels, ProQuest's online access to Water Resources Abstracts and/or CSA Illustrata: Natural Sciences will be discounted by 25% for Partners from developed countries, and 75% for Partners from developing countries. The 75% discount will also be made available to certain new customers in developing countries (which shall be determined by ProQuest and FAO in good faith consultation).

Additional Entitlement. ProQuest CSA shall supply additional entitlements, which shall not be for resale, of the ASFA Products (except 3rd-party online services, but including ASFA on ProQuest's online platformCSA Internet Database Service) to Partners contributing records in excess of 250 per year (but see 5.2h) according to the following formula (see paragraphs 5.3, 5.5, 5.6 and 5.7 for terms and conditions of use): ): a) each Partner shall have additional entitlement, based on the average number of records that Partner submitted to the ASFA database in machine readable format during the previous three calendar years (the three-year average contribution figure will be calculated at the end of every calendar year); (see paragraph (g; b) regarding special arrangements for "Collaborating ASFA Centres", i.e. those institutes which assist the ASFA National Partners in preparing ASFA input). Partners will be eligible for additional entitlements in accordance with the scheme set out in Exhibit E; F; c) In accordance with (a) and (b) above the Partners may acquire additional ASFA Products (except online on-line services, but including ASFA on ProQuest's online platformCSA Internet Database Service) including a magnetic tape (or equivalent machine readable formatfrom CSA; d) from ProQuest; ProQuest CSA shall make further copies of the ASFA Products (except online on-line services) available to Partners for purchase at the following discount rate from ProQuest's CSA’s and sublicensees's then ’s then-current international price list: : (i) thirty five percent (35%) discount for Partners from developed countries (this discount rate applies only to ProQuest's online platformthe CSA Internet Database Service) and twenty five percent (25%) discount (this discount rate applies to the other ASFA Products) and (ii) seventy five percent (75%) for Partners from developing countries (which shall be determined by ProQuest CSA and FAO in good faith consultation). ProQuest will offer a further discount, or complimentary access, to any ASFA Partner contributing significantly to the production of either the Deep Indexing: Aquatic Sciences or WRA database. ProQuest . e) CSA shall make copies of the ASFA Products (except online on-line services, but including ASFA on ProQuest's online platformCSA Internet database service) available to certain new customers located in developing countries (which shall be determined by ProQuest CSA and FAO in good faith consultation) at a discount of fifty percent (50%) from ProQuestCSA's and ProQuestCSA's sublicensees then-current international price list. Should ProQuest decide in the future to market the CD/DVD-ROM product, FAO and ProQuest CSA agree to limit the number of CD/DVD-ROM subscriptions available under this Paragraph 5.2e to ten (10) copies per year. In addition ProQuest CSA shall make the ASFA on ProQuest's online platform Internet Database Service available, free of charge, to Low Low-Income Food-Deficit Countries in consultation with FAO (see paragraph 5.8). ProQuest . f) CSA and FAO shall together determine how the additional entitlement programme will be implemented and make decisions as required on such issues as: the rate of exchange on international price lists that quote prices in currencies other than US dollars; the designation of a particular CD/DVD-ROM distributor (if the CD/DVD ROM is marketed) or distributors as the official distributor(s) for programme purposes; any limits on distribution of ASFA Products that need to be imposed as a result of the number or kind of Products available, and the like. Collaborating ASFA Centres - a number of ASFA National Partners have recruited Collaborating Centres (see Exhibit-B) to assist them in ASFA input production. FAO welcomes and encourages this as it contributes to capacity building within the ASFA Partner's country which is of high priority among FAO mandates. However, such Collaborating ASFA Centres may not, for various reasons, be able to produce 250 records (i.e. in addition to the 250 records produced by the National ASFA Partner) in order to qualify for an additional ASFA entitlement(s) (e.g. access to ASFA database via the Internet and/or the CD/DVD-ROM). THEREFORE, in the case of Collaborating ASFA Centres located in developing countries not being able to produce 250 records, but nonetheless inputting/processing records up to their capacity, ProQuest shall provide the Collaborating Centre with access to the ASFA database via Internet. This relationship will be managed by the main ASFA input center, typically the National center, and ProQuest, in consultation with FAO. In addition, depending on the availability of the CD/DVD ROM product in ProQuest, the Collaborating Centre could also request this format of the database. Notwithstanding what is stated above, all provision of additional entitlements to Collaborating ASFA Centres in developing countries, with limited input production, would be determined and overseen by ProQuest and FAO in good faith consultation. As regards Collaborating ASFA Centres in developed countries, in some exceptional cases these Centres may also be eligible to receive access to the ASFA database via Internet and/or CD/DVD-ROM even though they are producing a limited number of inputs. This would need to be decided on a case-by-case basis by ProQuest and FAO. Regardless of Partner input levels, ProQuest's online access to Water Resources Abstracts and/or CSA Illustrata: Natural Sciences will be discounted by 25% for Partners from developed countries, and 75% for Partners from developing countries. The 75% discount will also be made available to certain new customers in developing countries (which shall be determined by ProQuest and FAO in good faith consultation).