Common use of Payment and Reports Clause in Contracts

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx period during the Term. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process in its reasonable discretion upon xxxxxx written notice. For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s full consideration hereunder. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: i. Bank Name ii. Account Name iii. Account Number

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx period during the Term; COMPANY xxxxxx shall provide to ITUNES a valid VAT (if applicable) eMaster Proceeds invoice accurately based on such Sales Report for each currency set forth in Exhibit B hereto, and, for invoices in any currency other than Euros (e.g. GBP), such invoices shall display a foreign exchange rate to Euros, provided by ITUNES (which exchange rate is for ITUNES’ accounting purposes only and shall not affect the amount of eMaster Proceeds); and ITUNES xxxxxx will send payment in the amount set forth in such VAT (if applicable) eMaster Proceeds invoice within xxxxxx after invoice receipt. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process in its reasonable discretion upon xxxxxx written notice. For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s full consideration hereunder. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. i. Bank Name Name ii. Account Name iii. Account Number iv. Routing Number v. Royalty Accounting Contact: (Name, Address, Email, Fax, Tel.)

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx period during the Term; COMPANY xxxxxx shall provide to ITUNES a valid VAT (if applicable) eMaster Proceeds invoice accurately based on such Sales Report for each currency set forth in Exhibit B hereto, and, for invoices in any currency other than Euros (e.g. GBP), such invoices shall display a foreign exchange rate to Euros, provided by ITUNES (which exchange rate is for ITUNES’ accounting purposes only and shall not affect the amount of eMaster Proceeds); and ITUNES xxxxxx will send payment in the amount set forth in such VAT (if applicable) eMaster Proceeds invoice within xxxxxx after invoice receipt. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect iTunes Connect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process in its reasonable discretion upon xxxxxx written notice. For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s full consideration hereunder. . *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: : i. Bank Name ii. Account Name iii. Account Number iv. Routing Number

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx period during the Term; COMPANY xxxxxx shall provide to ITUNES a valid VAT (if applicable) eMaster Proceeds invoice accurately based on such Sales Report for each currency set forth in Exhibit B hereto, and, for invoices in any currency other than Euros (e.g. GBP), such invoices shall display a foreign exchange rate to Euros, provided by ITUNES (which exchange rate is for ITUNES’ accounting purposes only and shall not affect the amount of eMaster Proceeds); and ITUNES xxxxxx will send payment in the amount set forth in such VAT (if applicable) eMaster Proceeds invoice within xxxxxx after invoice receipt. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process in its reasonable discretion upon xxxxxx written notice. For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s full consideration hereunder. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: i. Bank Name ii. Account Name iii. Account NumberNumber iv. Routing Number v. Royalty Accounting Contact: (Name, Address, Email, Fax, Tel.)

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx period during the Term. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process in its reasonable discretion upon xxxxxx written notice. For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s full consideration hereunder. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: : i. Bank Name Name ii. Account Name iii. Account Number iv. Routing Number v. Royalty Accounting Contact: (Name, Address, Email, Fax, Tel.)

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx [***] sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx [***] period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx [***] period during the Term; COMPANY [***] shall provide to ITUNES a valid VAT (if applicable) eMaster Proceeds invoice accurately based on such Sales Report for each currency set forth in Exhibit B hereto, and, for invoices in any currency other than Euros (e.g. GBP), such invoices shall display a foreign exchange rate to Euros, provided by ITUNES (which exchange rate is for ITUNES’ accounting purposes only and shall not affect the amount of eMaster Proceeds); and ITUNES [***] will send payment *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. in the amount set forth in such VAT (if applicable) eMaster Proceeds invoice within [***] after invoice receipt. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process in its reasonable discretion upon xxxxxx [***] written notice. For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s full consideration hereunder. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: i. Bank Name ii. Account Name iii. Account Number

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx period during the Term. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect iTunes Connect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. in its reasonable discretion upon xxxxxx written notice. For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s full consideration hereunder. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: : i. Bank Name ii. Account Name iii. Account Number iv. Routing Number v. Royalty Accounting Contact: (Name, Address, Email, Fax, Tel.)

Payment and Reports. (a) ITUNES shall remit payment to COMPANY for the sale of eMasters in accordance with the following: (i) the “sale” of each eMaster shall occur when such eMaster is successfully delivered by ITUNES [TUNES to an end user; (ii) payments shall accrue at the time that such eMaster is sold; and (iii) for each eMaster sold, ITUNES shall pay to COMPANY an amount equal to the wholesale price for the applicable eMaster (collectively “eMaster Proceeds”). (b) ITUNES shall pay eMaster Proceeds to COMPANY in the amount set forth in a xxxxxx [***] sales report reflecting all sales of eMasters and corresponding eMaster Proceeds for the particular xxxxxx [***] period (“Sales Report”) and in accordance with ITUNES standard business practices after the end of each xxxxxx [***] period during the Term. ITUNES will make each Sales Report available to COMPANY via the proprietary LabelConnect site (free access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions) and will notify COMPANY via email when each Sales Report is available. ITUNES may modify the foregoing process in its reasonable discretion upon xxxxxx [***] written notice. , For avoidance of doubt, eMaster Proceeds shall constitute COMPANY’s ’S full consideration hereunder. (c) ITUNES may withhold any taxes, duties, charges or levies on payments by ITUNES to COMPANY pursuant to this Agreement as may be required by applicable law, rule or regulation. ITUNES shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority. Despite the foregoing, provided COMPANY has fully satisfied all requirements to document its eligibility for a lower or zero rate of withholding tax, including, without limitation, providing ITUNES with a valid Certificate of Residency, ITUNES shall withhold based on the lower withholding tax rate, or, if applicable, shall not withhold. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (d) Payments made by ITUNES to COMPANY hereunder shall be by electronic funds transfer (“EFT”), and COMPANY shall be responsible for any of COMPANY’S bank transaction costs or fees arising from such payment. payment COMPANY shall provide ITUNES with COMPANY’S banking information reasonably necessary to effect payment (on a form to be provided to COMPANY by ITUNES), including but not limited to: : i. Bank Name Name ii. Account Name Name iii. Account Number iv. Routing Number v. Royalty Accounting Contact: (Name, Address, Email, Fax, Tel.) *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions.