Common use of Developer Records; Audit Clause in Contracts

Developer Records; Audit. Developer shall maintain books and records reasonably sufficient to permit verification of any payment of Fig Shares or the use of the Fig Funds or Advances toward the development, marketing or publishing of the Licensed Game. Fig shall be permitted to examine these books and records, such examination to occur during regular business hours, upon reasonable notice, and in a manner that is not disruptive to the examined Developer’s business. In the event any such inspection reveals that Developer has underpaid any payment of Fig Shares or spent a majority of the Fig Funds or Advances for purposes unrelated to the development, marketing or publishing of the Licensed Game, then Developer will (i) in the case of underpaid payment of Fig Shares, immediately pay the underpaid amounts upon demand, or (ii) in the case of misused Fig Funds, immediately return to Fig such amount that is verified to be misused, upon written demand from Fig; any such repayment of Fig Funds shall not affect the allocation of the Fig Share (as defined in Section 2.3.2) resulting from the Fig Funds paid to Developer by Fig; provided that the reduced Fig Funds amount after such refund will be used in the calculation. Such payments will also include interest calculated from the date such payments were originally due at the rate of the lower of (i) One Percent (1.0%) per month, or (ii) the maximum rate permitted by law. 2.5.1 In addition to the foregoing remedy, Fig may sell, and have full rights and license to sell at Fig’s sole discretion, an amount of Fig Keys through any Distributor, and retain 100% of the sales receipts of those sales, that is sufficient to offset the underpaid amount.