Initial Royalty. As partial consideration for the settlement of the Action and the License granted under this Agreement, and regardless of whether any additional payments are paid under Section 3.1 of this Agreement, Licensee shall pay ten-million U.S. dollars ($10,000,000) to NetRatings (the “Initial Royalty”) as follows: (1) within three (3) business days from the date on which Licensee executes this Agreement and receives an original of this Agreement, including all Exhibits (including the stipulations required under Section 9), that has been fully executed by a duly authorized representative of NetRatings, Licensee shall pay one-million five-hundred thousand U.S. dollars ($1,500,000) to NetRatings; (2) no later than June 15, 2006, Licensee shall pay one-million five-hundred thousand U.S. dollars ($1,500,000) to NetRatings; (3) no later than September 15, 2006, Licensee shall pay one-million five-hundred thousand U.S. dollars ($1,500,000) to NetRatings; (4) on or before December 15,2006, Licensee shall pay one-million five-hundred thousand U.S. dollars ($1,500,000) to NetRatings; (5) on or before March 15, 2007, Licensee shall pay one-million U.S. dollars ($1,000,000) to NetRatings; (6) on or before June 15, 2007, Licensee shall pay one-million U.S. dollars ($1,000,000) to NetRatings; (7) on or before September 15, 2007, Licensee shall pay one-million U.S. dollars ($1,000,000) to NetRatings; and (8) on or before December 15, 2007, Licensee shall pay one-million U.S. dollars ($1,000,000) to NetRatings.
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Sources: Settlement and Patent License Agreement (Omniture, Inc.), Settlement and Patent License Agreement (Omniture, Inc.)