Payment Terms and Compliance. Except as set forth below, all payments of ---------------------------- Royalty Fees and Prepaid Royalty Fees (together the "Fees") shall be made inside the U.S., in U.S. dollars net thirty (30) days from receipt of invoice; provided, however, Royalty Fees shall be due and payable upon submission of each quarterly Report as required pursuant to Section 3.3 and provided further that in the event that CMGI designates another person or entity as the recipient of all or any portion of the Royalty Fees, pursuant Section 3.1, then if such person or entity desires it may receive payment outside the U.S. in the country and currency of its choice. Any payments more than thirty (30) days overdue will bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. Red Brick shall at all times keep and maintain complete and accurate records that include at least the following information: name and address of each end user who has activated a copy of the Warehouse DSS Server Software Licensed Materials or DSS Updates, number of copies licensed and date of purchase. CMGI may, with no less than five (5) business days' notice, and at CMGI's expense, have an independent auditor or accountant audit, during normal business hours, Red Brick's records related to the Warehouse DSS Server Software Licensed Materials and any DSS Updates to verify Red Brick's compliance with the provisions of this Agreement. If an audit indicates an underpayment of five percent (5%) or more of any amounts due hereunder, Red Brick shall promptly pay the deficiency and reimburse CMGI for the cost of the audit.
Payment Terms and Compliance. All payments of Fees shall be made ---------------------------- inside the U.S., in U.S. dollars net thirty (30) days from receipt of invoice; provided, however, Royalty Fees shall be due and payable upon submission of each quarterly Report as required pursuant to Section 2.5.3. Any payments more than thirty (30) days overdue will bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. Licensee shall at all times keep and maintain complete and accurate records that include at least the following information: name and address of each end user, number of quantities and date of purchase. Red Brick may, with no less than five (5) business days' notice, and at Red Brick's expense, have an independent auditor or accountant audit, during normal business hours, Licensee's records related to the Licensed Software and Updates to verify Licensee's compliance with the provisions of this Agreement. If an audit determines that there is an underpayment of five percent (5%) or more of any amounts due hereunder, Licensee shall promptly pay the deficiency and reimburse Red Brick for the cost of the audit.
