Common use of Calculation of the Royalty Clause in Contracts

Calculation of the Royalty. In consideration for the grant of the Title Plant License and the Software License (collectively the "Licenses"), and subject to the royalty termination provisions set forth in Section 8.02(a)(iii), so long as one or both of the Licenses are effective hereunder or PI is otherwise entitled to access any of the FNF Title Plants or the Software (including during the period pending the effectiveness of a termination under Section 8.02), PI agrees to pay to the Companies a royalty (the "Royalty"), equal to the amounts calculated in accordance with the tiered rate formula set forth on EXHIBIT A, and subject to adjustment as described on EXHIBIT A. Each Company will receive its proportionate share of any Royalty paid, calculated on the basis of the aggregate amount of usage of and access to such Company's Title Plants during the period for which the Royalty was received, with the sharing recalculated each such period. If PI is no longer obligated to provide the Services to a Company hereunder, then (subject to the royalty termination provisions set forth in Section 8.02(a)(iii)) PI shall continue to pay the Royalty to each of the Companies who remains a party to this Agreement as to which PI continues to be obligated to provide the Services, but any Company as to which Services are no longer being performed shall not share in the Royalty as of the date on which the Service obligations terminated.

Appears in 2 contracts

Sources: Title Plant Maintenance Agreement (Fidelity National Title Group, Inc.), Title Plant Maintenance Agreement (Fidelity National Information Services, Inc.)