Common use of Additional Royalty Clause in Contracts

Additional Royalty. As further consideration for the License granted under this Agreement, and in addition to the other payments required pursuant to Section 3.1 of this Agreement, Licensee will pay NetRatings an additional royalty, in the aggregate not to exceed four-million U.S. dollars ($4,000,000) (the “Additional Royalty”), which Additional Royalty shall be required to be paid only if and when: (1) Licensee completes an initial public offering of its securities, in which case Licensee shall pay NetRatings four-million U.S. dollars ($4,000,000) (minus any other payments previously made under this Section 3.1(ii)) within five (5) business days of the closing of the initial public offering; (2) a Change of Control Event occurs, in which case Licensee shall pay NetRatings four-million U.S. dollars ($4,000,000) (minus any other payments previously made under this Section 3.1(ii)) within five (5) business days of such Change of Control Event; and (3) for calendar year 2008, and each calendar year thereafter, Licensee’s Revenue equals or exceeds sixty-million U.S. Dollars ($60,000,000), in which case Licensee shall pay NetRatings two-million U.S. dollars ($2,000,000) on or before January 30 of the calendar year immediately following the calendar year in which Licensee’s Revenue equaled or exceeded sixty-million U.S. dollars ($60,000,000), up to a total of four-million U.S. dollars ($4,000,000) (minus any other payments previously made under this Section 3.1(ii)).