Common use of Official Past Use Report Clause in Contracts

Official Past Use Report. Within sixty (60) days after the Effective Date, Brand Owner shall submit to Licensing Company a report that includes the following information for all Previously-Shipped Products provided, however, that Brand Owner may use commercially reasonable efforts to estimate such information if Brand Owner cannot reasonably obtain more reliable information: (i) the type of Brand Owner Product (by way of example, a description sufficient to determine whether a Brand Owner Product is either a BD-ROM Movie Disc or BD-ROM Data Disc); (ii) the quantity of Brand Owner Product by type; (iii) the title(s) of Brand Owner Products in the Shipment (if available); (iv) in the case of a Shipment due to a physical transfer, the country in which the Shipment originated; (v) in the case of a Shipment due to a physical transfer, the country of destination of the Shipment; (vi) to the extent known to Brand Owner, the country in which the Brand Owner Products were ultimately sold to end-users; (vii) in the case of a Shipment due to a transfer of title (without physical transfer), the country of the location of the Brand Owner Products at the time of Shipment; (viii) if Brand Owner Product was packaged in retail packaging, the “Global Trade Item Number” (GTIN), “Universal Product Code” (UPC), “European Article Numbering” (EAN) code, or their equivalent (as reasonably required by Licensing Company) of that retail packaging. Brand Owner shall also provide an explanation of any material differences between the Official Past Use Report and the Estimated Past Use Report.

Official Past Use Report. Within sixty (60) days after the Effective Date, Brand Owner shall submit to Licensing Company a report that includes the following information for all Previously-Shipped Products provided, however, that Brand Owner may use commercially reasonable efforts to estimate such information if Brand Owner cannot reasonably obtain more reliable information: (i) the type of Brand Owner Product (by way of example, a description sufficient to determine whether a Brand Owner Product is either a BDUHD-ROM Movie Disc or BDUHD-ROM Data Disc); (ii) the quantity of Brand Owner Product by type; (iii) the title(s) of Brand Owner Products in the Shipment (if available); (iv) in the case of a Shipment due to a physical transfer, the country in which the Shipment originated; (v) in the case of a Shipment due to a physical transfer, the country of destination of the Shipment; (vi) to the extent known to Brand Owner, the country in which the Brand Owner Products were ultimately sold to end-users; (vii) in the case of a Shipment due to a transfer of title (without physical transfer), the country of the location of the Brand Owner Products at the time of Shipment; (viii) if Brand Owner Product was packaged in retail packaging, the “Global Trade Item Number” (GTIN), “Universal Product Code” (UPC), “European Article Numbering” (EAN) code, or their equivalent (as reasonably required by Licensing Company) of that retail packaging. Brand Owner shall also provide an explanation of any material differences between the Official Past Use Report and the Estimated Past Use Report.

Official Past Use Report. Within sixty (60) days after the Effective Date, Brand Owner shall submit to Licensing Company a report that includes the following information for all Previously-Shipped Products provided, however, that Brand Owner may use commercially reasonable efforts to estimate such information if Brand Owner cannot reasonably obtain more reliable information: (i) the type of Brand Owner Product (by way of example, a description sufficient to determine whether a Brand Owner Product is either a BD-ROM Movie Disc BD Player or BD-ROM Data DiscBD Recorder); (ii) the quantity of Brand Owner Product by type; (iii) the title(s) of brand name under which the Brand Owner Products in the Shipment Product were sold to end-users (if available); (iv) in the case of a Shipment due to a physical transfer, the country in which the Shipment originated; (v) in the case of a Shipment due to a physical transfer, the country of destination of the Shipment; (vi) to the extent known to Brand Owner, the country in which the Brand Owner Products were ultimately sold to end-users; (vii) in the case of a Shipment due to a transfer of title (without physical transfer), the country of the location of the Brand Owner Products at the time of Shipment; (viii) if Brand Owner Product was packaged in retail packaging, the “Global Trade Item Number” (GTIN), “Universal Product Code” (UPC), “European Article Numbering” (EAN) code, or their equivalent (as reasonably required by Licensing Company) of that retail packaging. Brand Owner shall also provide an explanation of any material differences between the Official Past Use Report and the Estimated Past Use Report.. Reference Copy