Common use of Final Calculation Clause in Contracts

Final Calculation. On or before February 15, 2009, Purchaser shall deliver to Seller a written calculation of Purchaser’s determination of (A) Revenue for calendar year 2008, and (B) whether any earn-out payment is due and payable to Seller hereunder and, if such payment is due and payable, the amount thereof. In calculating whether any earn-out payment is due to Seller, Purchaser’s calculation shall reflect the amount of Revenue for 2006 and 2007 determined pursuant to clause (iii) above. Seller shall have a period of ten (10) Business Days after receipt of Purchaser’s calculation within which to object in writing to Purchaser with respect to the calculation for Revenue for calendar year 2008, specifying in detail the basis of any objection. The resolution of any dispute regarding the earn-out payment shall be conducted in the same manner as is specified for the resolution of disputes in Section 3.2 hereof. If Seller shall fail to deliver a written objection notice to Purchaser within such ten (10) Business Day period then Purchaser’s calculations respecting the earn out shall be deemed final and binding upon the parties without further recourse.

Final Calculation. On or before February 15March 1, 2009, ------------------ Purchaser shall deliver to Seller a written calculation of Purchaser’s 's determination of (A) Revenue for calendar year 2008, and (B) whether any earn-earn out payment is due and payable to Seller hereunder and, if such payment is due and payable, the amount thereof. In calculating whether any earn-out payment is due to Seller, Purchaser’s 's calculation shall reflect the amount of Revenue for 2006 and 2007 determined pursuant to clause (iii) above. Seller shall have a period of ten (10) Business Days after receipt of Purchaser’s 's calculation within which to object in writing to Purchaser with respect to the calculation for Revenue for calendar year 2008so made, specifying in detail the basis of any objection. The resolution of any dispute regarding the earn-earn out payment shall be conducted in the same manner as is specified for the resolution of disputes in Section 3.2 hereof. If Seller shall fail to deliver a written objection notice to Purchaser within such ten (10) Business Day period then Purchaser’s 's calculations respecting the earn out shall be deemed final and binding upon the parties without further recourse.