Developer Books and Records. Developer will maintain books and records that report the usage of the Game Funding Payment paid to Developer by Licensee hereunder and Developer Payments. Licensee may examine these books and records as they relate to the usage of the Game Funding Payment and receipt of Developer Payments, such examination to occur during regular business hours, upon reasonable notice, and in a manner that is not disruptive to the Developer’s business. In the event any such inspection reveals that Developer has allocated or spent ten percent (10%) or more of the Game Funding Payment for purposes other than the development of the Licensed Game or Developer has underpaid or caused to be underpaid any Developer Payments, then in addition to any and all other rights and remedies available to Licensee hereunder, Developer shall immediately return to Licensee and/or reimburse Licensee for such Game Funding Payment and pay to Licensee such Developer Payments, upon demand from Licensee, and the Parties shall agree upon a reasonably prompt payment schedule and/or time frame for such reimbursement. Such payment of the Developer Payments shall also include interest calculated from the date such payments were originally due at the lesser of the rate of (i) One and One Half Percent (1.5%) per month or (ii) the maximum rate permitted by law. Any such repayment of Game Funding Payment shall not affect the allocation of Fig Publishing Rev Share resulting from the Game Funding Payment paid to Developer by Licensee.
Appears in 2 contracts
Sources: Video Game License Agreement, Video Game License Agreement (Fig Publishing, Inc.)