Ancillary Remedies. Notwithstanding the foregoing, in the event that Interplay cancels more than *** of the *** Named Titles or a month delay from the anticipated release date (as noted in Exhibit B) with respect to *** or more of the Named Titles occurs, then UNIVERSAL may elect one (and only one) of the following remedies : *** For the purposes of this section, the various marketing plans and forecasting reports as provided herein shall be used to determine the value of such cancelled or delayed titles. UNIVERSAL acknowledges and agrees that delays and/or cancellations as provided herein shall not constitute a Default, as provided herein.
Appears in 2 contracts
Sources: Distribution Agreement (Interplay Entertainment Corp), Distribution Agreement (Interplay Entertainment Corp)