Common use of Reports and Forecasts Clause in Contracts

Reports and Forecasts. To the extent, and with the frequency, that UNIVERSAL routinely compiles or receives sales information reports with respect to UNIVERSAL-published products on an account-by-account basis, UNIVERSAL will provide Interplay with such reports, to the same extent and frequency, with respect to each Product. Such reports will provide such information as UNIVERSAL's current inventory of each Product, a summary of all unit sales of each Product sold during the prior period, and whatever competitive product and market analysis information as may be available to UNIVERSAL and which UNIVERSAL may disclose without breaching any confidentiality obligation to any third party. UNIVERSAL will provide Interplay with weekly sell-through and inventory reports, to the extent that such reports are routinely compiled by UNIVERSAL for UNIVERSAL-published products. Any reports provided to Interplay hereunder shall be deemed to be the property of Interplay and Confidential Information of Interplay (as provided in Section 12 below); provided, however, that Interplay agrees to abide by any confidentiality restrictions imposed on UNIVERSAL by third parties furnishing any information in such reports, when such restrictions have been communicated to Interplay. UNIVERSAL will also provide Interplay on a monthly basis with a three-month rolling forecast of UNIVERSAL's sales of Products, by SKU. In addition, UNIVERSAL shall provide a preliminary sales forecast for each Product within *** days after Interplay approves that marketing plan for such Product. Such forecast shall be based on the anticipated marketing spend and strategy for the Product, UNIVERSAL's assessment of the sales potential of that Product (based on the Alpha Version), and such other factors and information as UNIVERSAL reasonably uses in its forecasting practices. All such forecasts are provided by UNIVERSAL to Interplay solely for its internal planning purposes and will not be taken or relied-upon by Interplay as a representation or warranty as to UNIVERSAL's future orders or sales of the Products. Without limiting UNIVERSAL's other obligations hereunder, Interplay acknowledges that UNIVERSAL is under no obligation whatsoever to order or sell any particular amount of any Products. In addition to the foregoing and subject to the Confidentiality provisions set forth in Section 9 below, with reasonable promptness, UNIVERSAL shall provide such other business or financial data, reports, and projections as Interplay may reasonably request in order to comply with regulatory reporting, tax reporting, and compliance with other contractual obligations of Interplay.