Additional Licensed Data. Company acknowledges that Licensed Data in excess of that available as of the Effective Date (“Additional Licensed Data”) will be included in the license granted hereunder to the extent Company licenses additional prescription and medical transaction data or EMR Data during the Term (and Company has the right to license such data to Company’s customers), and agrees to provide to Client written notice as promptly as practicable of any increase in the total volume of Licensed Data relative to the Effective Date that constitutes prescription or medical transactions (excluding EMR Data) greater than five percent (5%) (calculated using the trailing six-month Licensed Data volume annualized). In the event that the volume of Additional Licensed Data (calculated using the trailing six-month Licensed Data volume annualized) including prescription or medical transactions (excluding EMR Data) constitutes more than ten percent (10%) of the total volume of like-kind (i.e., switch and/or clearinghouse-sourced medical and pharmacy transaction claims data) Licensed Data as of the Effective Date, Client shall have the option (with respect to the Additional Licensed Data that increases the total volume of Licensed Data ten percent (10%) or more above the Baseline Volume) as to whether to include or exclude such Additional Licensed Data within the Licensed Data licensed hereunder. To the extent Client elects to include such Additional Licensed Data, the Base Fees shall be increased consistent with the actual percentage increase in total Licensed Data (i.e. a twelve percent (12%) increase in total transactions will trigger a twelve percent (12%) increase in the Base Fees for such period that such Additional Licensed Data is included within the Licensed Data).
