Common use of Calculation of Net Effective Rate Clause in Contracts

Calculation of Net Effective Rate. For purposes of this Section 13(f), the calculation of net effective rate shall include all economic and non-economic terms and provisions of an agreement that involve financial or other outlays (excluding contingent liabilities) by either party for the benefit of the other or in direct or indirect connection with the rates for the Service, or that involve direct or indirect consideration paid by either party to the other, such as discounts, credits, adjustments of any kind, including actual per subscriber rates, volume or other discounts, reimbursements, channel position fees, discounts, credits or rebates, pre-payment of loans, deductions for uncollected accounts, incentives, cash payments (whether conditional or not), sales or leases of equipment, studio facility discounts, payment terms and other financing terms. In determining "net effective rates," the actual number of subscribers to the Service (rather than projected or expected subscribers or the number of such third party's subscribers who are not actually subscribers to the Service) will be considered.