NO DEDUCTIONS FROM NONREFUNDABLE PAYMENT Clause Samples

NO DEDUCTIONS FROM NONREFUNDABLE PAYMENT. No costs incurred in the development, manufacture, marketing, sale, and/or distribution of the PlayStation Hardware and Licensed Products shall be deducted from any Nonrefundable Payments payable to Sony hereunder. *CONFIDENTIAL TREATMENT REQUESTED 5 Similarly, there shall be no deduction from the Nonrefundable Payments otherwise owed to Sony hereunder as a result of any uncollectible accounts owed to Licensee, or for any credits, discounts, royalties, allowances or returns which Licensee may credit or otherwise grant to any third party, or for any taxes, fees, assessments, or expenses of any kind which may be incurred by Licensee in connection with its sale and/or distribution of any units of the PlayStation Hardware and/or Licensed Products and/or arising with respect to the payment of any Nonrefundable Payment hereunder. In addition to the Nonrefundable Payments provided to Sony hereunder, Licensee shall be solely responsible for and bear any cost relating to any withholding taxes or other assessments which may be imposed by any governmental authority or any other U.S. or foreign federal, state or local sales or value-added tax, use or excise tax, customs duties or other similar taxes or duties, which Sony may be required to collect or pay. Licensee shall be solely responsible for the payment or reimbursement of any such taxes, fees, and other such charges or assessments applicable to the payment by Licensee of any such Nonrefundable Payment. In addition, Licensee shall pay all personal property taxes or similar charges, however imposed, on the ownership, use and possession of the PlayStation Hardware and Licensed Products during the term of the License Agreement. The receipt or acceptance by Sony of any Nonrefundable Payment made shall not prevent Sony, or its agent, from subsequently challenging the validity or accuracy of such payment within four years of invoice.