Common use of Minimum Order Quantities Clause in Contracts

Minimum Order Quantities. 8.5.1 Within [***] days of the date when both Microsoft and EA have authorized the Authorized Replicator to begin replication of FPUs for distribution to a specified Sales Territory, (receipt of both approvals is “Release to Manufacture”), EA must place orders to manufacture the minimum order quantities (“MOQs”) as described in the Xbox 2 Guide, which MOQs may be updated and revised [***] and will be effective starting [***]. EA will not be subject to a higher minimum order requirement than that applied by Microsoft generally to its other third-party publishers. Currently, the MOQs are as follows: 8.5.2 For the purposes of this Section, a “Disc” shall mean an FPU that is signed for use on a certain defined range of Xbox 2 hardware, regardless of the number of languages or product SKUs contained thereon. The MOQs per Software Title are cumulative per Sales Territory, e.g., if an FPU is released in the North American Sales Territory and the European Sales Territory, then there will be an MOQ of [***] for the North American Sales Territory and an additional MOQ of [***] for the European Sales Territory. The per Software Title MOQ and the per Disc MOQ, however, are not cumulative, e.g., a single Disc FPU released only in the North America Sales Territory will have a total minimum order quantity of [***] which would cover the [***] per Software MOQ and the [***] per Disc MOQ (rather than [***] which would have been the MOQ if the per Software Title MOQ and the per Disc MOQ were cumulative).

Minimum Order Quantities. 8.5.1 6.1 Within [***] days of after the date when on which both Microsoft and EA Publisher have authorized the Authorized Replicator to begin replication of FPUs for distribution to a specified Sales Territory, (receipt of both approvals is “referred to as "Release to Manufacture”"), EA Publisher must place orders to manufacture the minimum order quantities (“"MOQs”") as described in the Xbox 2 Guide, which MOQs MOQ's may be updated and revised [***] and will be effective starting [***]. EA will not be subject to a higher minimum order requirement than that applied by Microsoft generally to its other third-party publishers. Currently, the MOQs are as follows:: Per Software Title Per Disc ------------------ -------- North American Sales Territory [*] [*] European Sales Territory [*] [*] Japan Sales Territory [*] [*] Asian Sales Territory [*] [*] 8.5.2 6.2 For the purposes of this Section, a “"Disc” " shall mean an FPU that is signed for use on a certain defined range of Xbox 2 hardware, regardless of the number of languages or product SKUs contained thereon. The MOQs per Software Title are cumulative per Sales Territory, e.g.. For example, if an FPU is released in both the North American Sales Territory and the European Sales Territory, then there will be an the cumulative MOQ of [***] for the North American Sales Territory and an additional MOQ of [***] for the European Sales Territory. The per Software Title would be [*]. The MOQ per Software Title and the MOQ per Disc MOQDisc, however, are not cumulative, e.g.. For example, a single Disc FPU released only in the MICROSOFT CONFIDENTIAL [MICROSOFT LOGO] 5 [*] Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. North America Sales Territory will have a total minimum order quantity of [***] ], which would cover the [***] MOQ per Software MOQ Title and the [***] MOQ per Disc MOQ (rather than [***] which would have been the MOQ total minimum order quantity if the MOQ per Software Title MOQ and the MOQ per Disc MOQ were cumulative).

Minimum Order Quantities. 8.5.1 7.5.1 Within [(***] days of *) after the date when on which both Microsoft and EA Publisher have authorized the Authorized Replicator to begin replication of FPUs for distribution to a specified Sales Territory, (receipt of both approvals is referred to as “Release to Manufacture”), EA Publisher must place orders to manufacture the minimum order quantities (“MOQs”) as described in the Xbox 2 360 Publisher Guide, which . Microsoft may update and revise the MOQs may be updated and revised [(***] and *) which will be effective starting [the following (***]. EA will not be subject to a higher minimum order requirement than that applied by Microsoft generally to its other third-party publishers*). Currently, the MOQs are as follows:: (****) (****) (****) (****) (****) (****) (****) (****) (****) (****) (****) (****) (****) (****) 8.5.2 7.5.2 For the purposes of this Sectionsection, a “Disc” shall mean an FPU that is signed for use on a certain defined range of Xbox 2 360 hardware, regardless of the number of languages or product SKUs skus contained thereon. The MOQs per Software Title are cumulative per Sales Territory, e.g.. For example, if an FPU is released in both the North American Sales Territory and the European Sales Territory, then there will the cumulative MOQ per Software Title would be an MOQ of [(***] for the North American Sales Territory and an additional MOQ of [***] for the European Sales Territory). The MOQ per Software Title MOQ and the MOQ per Disc MOQDisc, however, are not cumulative, e.g.. For example, a single Disc FPU released only in the North America Sales Territory will have a total minimum order quantity of [(***] *), which would cover the [(***] *) MOQ per Software MOQ Title and the [(***] *) MOQ per Disc MOQ (rather than [(***] *) which would have been the MOQ total minimum order quantity if the MOQ per Software Title MOQ and the MOQ per Disc MOQ were had been cumulative).

Minimum Order Quantities. 8.5.1 7.5.1 Within [***] days of * after the date when on which both Microsoft and EA Publisher have authorized the Authorized Replicator to begin replication of FPUs for distribution to a specified Sales Territory, (receipt of both approvals is referred to as “Release to Manufacture”), EA Publisher must place orders to manufacture the minimum order quantities (“MOQs”) as described in the Xbox 2 360 Publisher Guide, which . Microsoft may update and revise the MOQs may be updated and revised [***] and * which will be effective starting [the following ***]. EA will not be subject to a higher minimum order requirement than that applied by Microsoft generally to its other third-party publishers*. Currently, the MOQs are as follows:: **** **** **** **** **** **** **** **** **** **** **** **** * Confidential portion omitted and filed separately with the Securities and Exchange Commission. 8.5.2 7.5.2 For the purposes of this Sectionsection, a “Disc” shall mean an FPU that is signed for use on a certain defined range of Xbox 2 360 hardware, regardless of the number of languages or product SKUs skus contained thereon. The MOQs per Software Title are cumulative per Sales Territory, e.g.. For example, if an FPU is released in both the North American Sales Territory and the European Sales Territory, then there will the cumulative MOQ per Software Title would be an MOQ of [***] for the North American Sales Territory and an additional MOQ of [***] for the European Sales Territory. The MOQ per Software Title MOQ and the MOQ per Disc MOQDisc, however, are not cumulative, e.g.. For example, a single Disc FPU released only in the North America Sales Territory will have a total minimum order quantity of [***] *, which would cover the [***] * MOQ per Software MOQ Title and the [***] * MOQ per Disc MOQ (rather than [***] * which would have been the MOQ total minimum order quantity if the MOQ per Software Title MOQ and the MOQ per Disc MOQ were had been cumulative).

Minimum Order Quantities. 8.5.1 6.1 Within [***] days of after the date when on which both Microsoft and EA Publisher have authorized the Authorized Replicator to begin replication of FPUs for distribution to a specified Sales Territory, (receipt of both approvals is referred to as “Release to Manufacture”), EA Publisher must place orders to manufacture the minimum order quantities (“MOQs”) as described in the Xbox 2 Guide, which MOQs MOQ’s may be updated and revised [***] and will be effective starting [***]. EA will not be subject to a higher minimum order requirement than that applied by Microsoft generally to its other third-party publishers. Currently, the MOQs are as follows:: Per Software Title Per Disc North American Sales Territory [*] [*] European Sales Territory [*] [*] Japan Sales Territory [*] [*] Asian Sales Territory [*] [*] 8.5.2 6.2 For the purposes of this Section, a “Disc” shall mean an FPU that is signed for use on a certain defined range of Xbox 2 hardware, regardless of the number of languages or product SKUs contained thereon. The MOQs per Software Title are cumulative per Sales Territory, e.g.. For example, if an FPU is released in both the North American Sales Territory and the European Sales Territory, then there will be an the cumulative MOQ of [***] for the North American Sales Territory and an additional MOQ of [***] for the European Sales Territory. The per Software Title would be [*] . The MOQ per Software Title and the MOQ per Disc MOQDisc, however, are not cumulative, e.g.. For example, a single Disc FPU released only in the North America Sales Territory ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ will have a total minimum order quantity of [***] , which would cover the the[***] MOQ per Software MOQ Title and the [***] MOQ per Disc MOQ (rather than [***] which would have been the MOQ total minimum order quantity if the MOQ per Software Title MOQ and the MOQ per Disc MOQ were cumulative).