Common use of Statements and Payments Clause in Contracts

Statements and Payments. (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth (15th) day following the end of each calendar quarter during any License Period of this Agreement, and on the fifteenth (15th) day of the month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as to the stock number, item description, quantity shipped, and gross selling price of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, and any other information MLBPA may from time to time reasonably request. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA shall be paid simultaneously with the submission of such statements. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or acceptance by MLBPA of any of the statements furnished or royalties paid hereunder to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee. (e) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date of receipt of payment.

Statements and Payments. (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth provide King within thirty (15th30) day following days after the end of each calendar quarter during any License Period of this Agreement, and on (the fifteenth (15th) day of the month following termination or expiration of this Agreement"Royalty Period"), a complete and accurate statement of its Net Sales sales of Licensed Products, differentiated by country and product category, Products for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of the Licensee and shall include information as to the stock number, item descriptiondescription and Gross Wholesale Price of each Product (including each separate type, quantity shippedstyle and kind of Product) and, and gross selling price of for Products sold on an OEM basis, the Licensed Net Revenues for the Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, credit and any other information MLBPA King may from time to time reasonably request. Such statements Statements shall be furnished to MLBPA King whether or not any Licensed Products have been shipped, distributed and/or sold, sold and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a the form acceptable to MLBPA and consistent with Schedule C hereto. (b) King. The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA King for the Royalty Period shall be paid simultaneously with the submission of such statements. In All payments shall be in such currency as is specified in the event that Agreement. If no other currency is specified in the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such periodAgreement, Licensee may use such amount as all payments shall be in United States currency drawn on a credit against future royalty obligations of Licensee during the Term of this AgreementUnited States bank. In no event, however, event shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used upon termination or expiration of this Agreement as a credit against past royalty or future Royalty obligations of or royalty the Licensee. (b) Licensee shall send all statements and payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration King at its address listed in the heading of this Agreement on account unless otherwise specified in the Basic Provisions hereof. King reserves the right to change its designation of credits accrued the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by Licensee for returnsgiving written notice thereof to Licensee. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or or acceptance by MLBPA King of any of the statements furnished statement or royalties paid hereunder to MLBPA payment (or the its cashing of any royalty checks paid hereunderRoyalty checks) shall not preclude MLBPA King from questioning the correctness thereof at any time and, in the event that and any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licenseerectified. (e) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (fd) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest , and interest at a rate of the lesser of one and one-half twelve percent (1 1/212%) per month or the maximum rate allowed by lawyear, compounded daily, of, if less, the maximum lawful interest rate, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of receipt of paymentLicensee's books and records.

Statements and Payments. (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, 8.1 Based on the fifteenth measurements set forth in this Agreement, MEA shall provide Equitable with payment on each Payment Date and a detailed statement explaining fully how all payments due under the terms of this Agreement were determined not later than the applicable “Payment Date”. As used herein, the Payment Dates shall be (15thi) the last day following the end of each calendar quarter month, covering all deliveries hereunder during any License the period of the 1st day through the 15th day of that same month (“First Payment Date”), and (ii) the 15th day of each month, covering all deliveries hereunder during the period of the 16th day through the last day of the immediately preceding month (“Second Payment Date). 8.2 It is understood and agreed that the payments made on the First Payment Date and on the Second Payment Date shall be based upon (x) the applicable actual Net Sales Price (or MEA’s reasonable estimate of the applicable actual Net Sales Price to the extent that the actual Net Sales Price is not known) and (y) the actual volume of Plant Products and natural gas liquids (or MEA’s reasonable estimate of such volume to the extent actual volumes are not known) for the Accounting Period of in which the Plant Products and natural gas liquids were delivered to MEA under this Agreement, and (ii) shall be net of the fees payable to MEA under Article 7, hereof. Those payments made on the fifteenth (15th) day First Payment Date will also include adjustments, if any, to payments made during any of the months prior to the month following termination or expiration of this Agreementin which the First Payment Date occurs, a complete and accurate statement of its as necessary to adjust for differences between the estimated Net Sales of Licensed Products, differentiated by country Price used in making payments and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as to the stock number, item description, quantity shippedactual applicable Net Sales Price, and gross selling price of between estimated volumes and actual applicable volumes. Additionally, the Licensed Products shipped, distributed and/or sold by Licensee during payment on the Royalty First Payment Date will reflect ** per Accounting Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, and any other information MLBPA may from time to time reasonably request. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA 8.3 All payments shall be paid simultaneously with by MEA to Equitable by wire transfer not later than the submission of such statementsapplicable Payment Date for which the payments are due. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such periodIf a Payment Date falls on a Saturday or a Friday bank holiday, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or acceptance by MLBPA of any of the statements furnished or royalties paid hereunder to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee. (e) All payments made hereunder on the preceding banking day. If the Payment date falls on a Sunday or a Monday bank holiday, payment shall be in United States dollars drawn made on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect succeeding banking day. Should MEA fail to all make any payments to be made hereunder by Licensee. Interest Equitable when due, interest shall accrue on the unpaid balance at a the lower of (i) the then effective prime interest rate published in the “Money Rates” section of the lesser of one and one-half The Wall Street Journal, plus two percent (1 1/22%), or (ii) per month or the applicable maximum published rate allowed by law, compounded dailyfrom the date due until paid. If a party, in good faith, disputes an amount due or any part thereof, it shall provide supporting documentation fully explaining its basis for the disputed amount. The assertion of a disputed amount shall not be a basis for MEA to withhold payment of amounts it concedes to be correct. 8.4 Subject to the audit provisions in Section 7.1, either party, on 30 days prior written notice, shall accrue on have the right at its expense, at reasonable times during business hours, to audit the books and records of the other party to the extent necessary to verify the accuracy of any amount due MLBPA statement, allocation, measurement, computation, charge, or payment made under or pursuant to this Agreement, or to determine if all Plant Products and natural gas liquids contemplated under this Agreement are being delivered under the terms of this Agreement. The scope of any audit shall be limited to the 24 month period immediately prior to the month in which the audit is requested; provided, no audit may include any time period for which a prior audit hereunder from was conducted, and no audit may occur more frequently than once each 12 months. The party conducting the audit shall have 60 days after requesting the audit in which to submit a written claim for adjustments, with supporting detail. The audited party shall respond to the written claim in writing within 30 days after receiving the written claim. All statements, allocations, measurements, computations, charges, or payments made in any period prior to the 24 month period immediately prior to the month in which the audit is requested, or made in any 24 month period for which the audit is requested but for which a written claim for adjustments is not made within 30 days after the date upon which audit is requested, plus any additional time caused by the payment is due until unreasonable delays of the date of receipt of paymentparty being audited, shall be conclusively deemed true and correct.

Statements and Payments. (a) Licensee shall deliver to MLBPALicensor, at its offices in New York, New Yorkoffices, or to such other address as MLBPA Licensor may direct, on the fifteenth (15th) day following the end of each calendar quarter month during any License Period of this Agreement, and on the fifteenth (15th) day of the month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product categoryproduct, for the immediately preceding calendar quarter month (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as to the stock number, item description, quantity shipped, and for gross selling price sales of each product classification of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, and any other information MLBPA Licensor may from time to time reasonably request. Such statements shall be furnished to MLBPA Licensor whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA Licensor and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA Licensor shall be paid simultaneously with the submission of such statements. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA Licensor for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term License Periods of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA Licensor be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA Licensor by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. Winning Ways, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇ or such other address as the MLBPA Licensor may direct. (d) The receipt and/or acceptance by MLBPA Licensor of any of the statements furnished or royalties paid hereunder to MLBPA Licensor (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA Licensor from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee. (e) All payments made hereunder shall be in United States dollars drawn on a United States bankdollars, unless otherwise specifically agreed upon by the parties. The exchange rate for converting foreign currencies into United States dollars shall be the exchange rate of the Royal Bank of Canada in effect on the royalty due date. (f) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA Licensor hereunder from and after the date upon which the payment is due until the date of receipt of payment. Collection of interest by Licensor shall be without prejudice to any other rights and remedies available to Licensor.

Statements and Payments. (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth thirtieth (15th30th) day following the end of each calendar quarter during any License Period of this Agreement, and on the fifteenth thirtieth (15th30th) day of the month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as to the stock number, item description, quantity shipped, and gross selling price of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, and any other information MLBPA may from time to time reasonably request. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA shall be paid simultaneously with the submission of such statements. , In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or Or such other address as the MLBPA may direct. (d) The receipt and/or acceptance by MLBPA of any of the statements furnished or royalties paid hereunder to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee. (e) All payments made hereunder shall be in United Untied States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date of receipt of paymentpayments.

Statements and Payments. (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth provide King within thirty (15th30) day following days after the end of each calendar quarter during any License Period of this Agreement, and on (the fifteenth (15th) day of the month following termination or expiration of this Agreement"Royalty Period"), a complete and accurate statement of its Net Sales sales of Licensed Products, differentiated by country and product category, Products for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of the Licensee and shall include information as to the stock number, item descriptiondescription and Gross Wholesale Price of each Product (including each separate type, quantity shipped, style and gross selling price kind of the Licensed Products shipped, distributed and/or Product) sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, credited and any other information MLBPA King may from time to time reasonably request. Such statements Statements shall be furnished to MLBPA King whether or not any Licensed Products have been shipped, distributed and/or sold, sold and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a the form acceptable to MLBPA and consistent with Schedule C hereto. (b) King. The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA King for the Royalty Period shall be paid simultaneously with the submission of such statementsstatement. In All payments shall be in such currency as is specified in the event that Agreement. If no other currency is specified in the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such periodAgreement, Licensee may use such amount as all payments shall be in United States currency drawn on a credit against future royalty obligations of Licensee during the Term of this AgreementUnited States bank. In no event, however, event shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used upon termination or expiration of this Agreement as a credit against past royalty or future Royalty obligations of or royalty the Licensee. (b) Licensee shall send all statements and payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration King at its address listed in the heading of this Agreement on account unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation of credits accrued the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by Licensee for returnsgiving written notice thereof to Licensee. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or or acceptance by MLBPA King of any of the statements furnished statement or royalties paid hereunder to MLBPA payment (or the its cashing of any royalty checks paid hereunderRoyalty checks) shall not preclude MLBPA King from questioning the correctness thereof at any time and, in the event that and any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licenseerectified. (e) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (fd) Time is of the essence with respect to 10 all payments to be made hereunder by Licensee. Interest , and interest at a rate of the lesser of one and one-half percent twelve (1 1/212%) percent per month or the maximum rate allowed by lawyear, compounded daily, or, if less, the maximum lawful interest rate, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of receipt of paymentLicensee's books and records.

Statements and Payments. (a) Licensee VoodooBeat shall deliver compute and pay royalties due to MLBPALicensor hereunder within sixty (60) days following June 30 and December 31, at its offices respectively, in New York, New York, or each case with respect to such other address as MLBPA may direct, on the fifteenth (15th) day following the end of each calendar quarter license fees and Administration Receipts actually received by VoodooBeat during any License Period of this Agreement, and on the fifteenth (15th) day of the month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter six (6) month period. Such payments shall be accompanied by a statement setting forth the source of such royalties. VoodooBeat shall be under no obligation to render any statement or make any payment until such time as the royalties due Licensor hereunder equal or exceed Fifty Dollars ($50.00), or upon request at the close of the fourth accounting period following receipt, whichever occurs first. Licensor acknowledges that, with respect to blanket licenses (i.e., those allowing use of multiple Tracks to be selected by a User and reported back to VoodooBeat), VoodooBeat is dependent on Users submitting cue sheets to VoodooBeat in order to calculate royalties owed to Licensor and that in some cases, royalty payment will be delayed pending VoodooBeat’s receipt of such cue sheets. VoodooBeat will use reasonable commercial efforts to collect cue sheets, but in situations where cue sheets are not provided by Users or VoodooBeat is otherwise unable to attribute revenue to particular Tracks or artists, VoodooBeat reserves the right to allocate payment in an equitable manner, as determined in VoodooBeat’s sole discretion, amongst Tracks and/or artists. VoodooBeat shall have the right to deduct or withhold income or other similar tax from sums payable to Licensor hereunder pursuant to the laws of the relevant territory of a Licensed Use, provided that VoodooBeat shall, where readily available, furnish to Licensor, with each statement, any necessary information which shall enable Licensor, upon presentation of such, to endeavor to obtain income tax credit from the United States Internal Revenue Service or local revenue service for tax so withheld. examine VoodooBeat’s books and records with respect to such statement. Such examination shall be commenced within three (3) months after the date of such notice, at Licensor’s sole cost and expense, by any certified public accountant or attorney designated by Licensor, provided he (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as to the stock number, item description, quantity shipped, and gross selling price any member or associate of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given firm within which he is affiliated) is not then engaged in an outstanding examination of VoodooBeat’s books and returns actually credited, computation records on behalf of Net Sales and royalty due, and any a Person other information MLBPA may from time to time reasonably requestthan Licensor. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA shall be paid simultaneously with the submission of such statements. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or acceptance by MLBPA of any of the statements furnished or royalties paid hereunder to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment examination shall be made by Licensee. (e) All payments made hereunder during VoodooBeat’s usual business hours at the place where VoodooBeat maintains the books and records which relate to Licensor and which are necessary to verify the accuracy of the statement or statements specified in Licensor’s notice to VoodooBeat and the examination shall be limited to the foregoing. Licensor’s right to inspect VoodooBeat’s books and records shall be only as set forth in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (fthis Paragraph 11(b) Time is of the essence and VoodooBeat shall have no obligation to produce such books and records more than once with respect to all payments each statement rendered to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date of receipt of paymentLicensor.

Statements and Payments. (a) Licensee As soon as practicable, but no later than On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth day following the close of each Month, Gatherer shall deliver furnish to MLBPAOwner: (i) an invoice setting forth the amounts due for Gathering Services provided during, and for other amounts owed with respect to, the preceding Month, and (ii) pertinent measurement reports setting forth the volumes of gas received and delivered during the preceding Month (including, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) Points during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its offices performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon), a statement of the Fuel Gas allowances, cumulative Imbalances, and the total net amount due Gatherer. Owner shall pay Gatherer the invoiced amount within fifteen (15) days following the invoice date ("Due Date"). If the Due Date falls on a Day other than a Business Day, payment is due the next Business Day. Payment shall be by wire transfer to Gatherer’s account at _______ Bank, N.A., ABA Routing No. ▇▇▇▇▇▇▇▇▇, Account No. 4140327387. (b) If Owner fails to pay any amount by the Due Date, interest on the unpaid amount shall accrue at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, or plus two percent (2%) lesser of: (i) the prime rate as published by ______ Bank plus two hundred (200) basis points per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to such other address as MLBPA may direct, be made on the fifteenth (15th) day following same Day as any change in such prime rate, for any period during which the end of each calendar quarter during any License Period of this Agreementsame shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and on the fifteenth (15th) day records of the month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as other party to the stock numberextent necessary to verify the accuracy of any statement, item description, quantity shipped, and gross selling price of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually creditedcharge, computation of Net Sales and royalty due, and any other information MLBPA may from time or demand made under or pursuant to time reasonably request. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA shall be paid simultaneously with the submission of such statements. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no eventAny statement, howeveror (ii) the maximum amount permitted by Law per month, until the balance is paid in full to Gatherer. If Owner disputes any invoiced amount, it shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returnspromptly notify Gatherer. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or acceptance by MLBPA If Owner is in default on payment of any undisputed amounts due for Gathering Services for a period of thirty (30) Days, then upon fifteen (15) Days written notice, Gatherer may suspend Gathering Services until and unless Owner pays the statements furnished or royalties paid hereunder undisputed amounts in default. Such right to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee. (e) All payments made hereunder suspend Gathering Services shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the partiesaddition to any other remedy to which Gatherer may be entitled under this Agreement. (f) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date of receipt of payment.

Statements and Payments. REPORTING (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on Statement and Payments: By the fifteenth (15th) day following the end of each calendar quarter during any License Period of this Agreementmonth, LICENSEE shall furnish (on forms provided by or approved by NBAP) full and accurate statements (on a county-by-country and unit basis, if more than one country is contained within the fifteenth (15th) day definition of the month following termination or expiration of this AgreementTerritory), a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include LICENSEE, showing all information as relating to the stock number, item description, quantity shipped, and gross selling price of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation calculation of Net Sales and royalty due, and any other information MLBPA may from time to time reasonably requestfor the preceding month. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA shall be paid simultaneously Simultaneously with the submission of such statementsstatement, LICENSEE shall make all monthly royalty payments required under this Agreement for the preceding month. In the event that The minimum amount of each monthly royalty payment with respect to each Licensed Product category shall be the amount credited which, when added to payments of royalties previously made for returns during any Royalty Period exceeds Licensee's royalty obligation the Contract Year with respect to MLBPA such Licensed Product category, shall be equal to one-twelfth (8.34%) of the Minimum Guarantee for such periodLicensed Product category for such Contract Year required under Paragraph E above, Licensee multiplied by the number of months then elapsed. Aggregate royalties paid each Contract Year may use exceed the Minimum Guarantee for such amount as a credit against future royalty obligations of Licensee during Contract Year. Such monthly statements shall be furnished and the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty required payments made by LicenseeLICENSEE whether or not there are any Net Sales for that month. In no circumstances All computations and payments shall MLBPA be obligated in U.S. dollars, at the spot rate for the local currency as published in the Wall Street Journal for the last business day of the preceding month. If LICENSEE shall fail to timely pay any amount due under this Paragraph, LICENSEE shall pay interest on such amount at a rate equal to Licensee upon termination the lesser of (i) three percent (3%) per annum over the highest prime rate (announced by Chemical Bank, New York branch) prevailing during the period between the date the payment first became due and the date such payment is actually paid or expiration of this Agreement on account of credits accrued (ii) the highest rate permitted by Licensee for returns. (c) Licensee's royalty statements law during the period between the date the payment first became due and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇the date such payment is actually paid. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or or acceptance by MLBPA NBAP of any of the statements furnished or royalties paid hereunder to MLBPA by LICENSEE (or including the cashing of any royalty checks paid hereunderchecks) shall not preclude MLBPA NBAP from questioning the correctness thereof their accuracy at any time andtime, auditing LICENSEE's books and records pursuant to Paragraph 12 or claiming any shortfall in royalty payments or advertising and promotion payments. In order to assist with NBAP's annual budget process, by April 15 of each Contract Year, LICENSEE shall deliver a statement detailing LICENSEE's projections for sales of each Licensed Product for the event that any inconsistencies or mistakes are discovered following Contract Year, broken down on a quarterly basis. If LICENSEE fails to comply with reporting requirements contained in such statements or paymentsthis Paragraph, they shall immediately be rectified by Licensee and the appropriate payment shall be made by LicenseeNBAP may charge LICENSEE, two thousand U.S. dollars (US $2,000) for each instance of non- compliance with this Paragraph. (eb) All No Cross Collateralization: Any royalty payment for unit of Licensed Product sold shall only be applied against the Minimum Guarantee for such Licensed Product for the Contract Year in which the unit of such Licensed Product was sold (i.e., any shortfall in, or payment in excess of, the Minimum Guarantee for a Contract Year may not be offset or credited against the Minimum Guarantees for any other Contract Year, against any other Licensed Product or against any other NBA license (including premium license agreements entered into pursuant to Paragraph 5 hereof) held by LICENSEE). If Minimum Guarantees are stated separately for different categories of Licensed Products royalty payments made hereunder resulting from Net Sales of a category of Licensed Product shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by applied only against the partiesMinimum Guarantee for such category of Licensed Product. (f) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date of receipt of payment.

Statements and Payments. ​ (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth DS will provide Label with a monthly statement (15th“Monthly Statement”) day within thirty (30) days following the end of each calendar quarter during month, beginning with the first month in which any License Period Gross Receipts have been received by DS hereunder. Each Monthly Statement will report Label’s Share of this AgreementAdjusted Gross Receipts calculated in accordance with the provisions hereof and will contain sufficient detail to support the calculations on a Program by Program basis. Payments of any amounts shown to be due to Label on a Monthly Statement, and on will be made within forty-five (45) days following the fifteenth (15th) day end of the calendar month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period")which such Monthly Statement was issued. Said statement Label’s Share shall be certified as accurate by an officer of Licensee calculated and shall include information as to the stock number, item description, quantity shipped, and gross selling price of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, and any other information MLBPA may from time to time reasonably requestpaid in U.S. Dollars. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto.​ (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA All payments to Label shall be paid simultaneously sent electronically in accordance with the submission of such statementsLabel’s written transfer instructions. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns.​ (c) Licensee's royalty statements DS shall maintain accurate books of accounts concerning the exploitation of the Programs hereunder. Label, or an authorized representative on Label’s behalf, may, at Label’s sole expense, examine DS’ said books relating to the exploitation of the Programs hereunder solely for the purpose of verifying the accuracy thereof, only during DS’ normal business hours and all amounts payable upon reasonable written notice. DS’ books of account relating to MLBPA any particular Monthly Statement may be examined as aforesaid only once for as long as is reasonably necessary to complete the audit and within one (1) year after the date the Monthly Statement was rendered by Licensee DS. The rights hereinabove granted to Label shall constitute Label’s sole and exclusive rights to examine DS’ books and records. Label may not appoint any third-party auditor that will be submitted to: Major League Baseball Players Association ▇▇ ▇compensated on a contingency basis, and any such third-party must be reputable and shall have experience auditing film and television distribution agreements. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct.​ (d) The receipt and/or acceptance Label shall be deemed to have consented to each Monthly Statement rendered by MLBPA DS hereunder and each such Monthly Statement shall be conclusive, final and binding, shall constitute an account stated, and shall not be subject to objection for any reason whatsoever unless specific objection in writing, stating the basis thereof, is given to DS by Label within one (1) year after the date that such Monthly Statement was rendered by DS. No action, suit or proceeding of any nature in respect to any Monthly Statement rendered by DS hereunder may be maintained against DS unless such action, suit or proceeding is commenced against DS in a court of competent jurisdiction within two (2) years after the statements furnished or royalties paid hereunder to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in date on which such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee.Monthly Statement was rendered. ​ (e) All payments made DS shall have the right to withhold from any amounts payable to Label hereunder shall such portion thereof, if any, as may be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect to all payments required to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1/2%) per month withheld under any applicable state or the maximum rate allowed by federal tax laws, or foreign statute, regulation, treaty or other law, compounded daily, and Label shall accrue on any amount due MLBPA hereunder from promptly execute and after the date upon which the payment is due until the date of receipt of payment.deliver to DS such forms and other documents as may be required in connection therewith. ​

Statements and Payments. (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth (15th) day following the end of each calendar quarter during any License Period of this Agreement, and on the fifteenth (15th) day of the month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as to the stock number, item description, quantity shipped, and gross selling price of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, and any other information MLBPA may from time to time reasonably request. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA shall be paid simultaneously with the submission of such statements. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the MLBPA may direct. (d) The receipt and/or and /or acceptance by MLBPA of any of the statements furnished or royalties paid hereunder to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee. (e) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1-1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date of receipt of payment.

Statements and Payments. (a) Licensee shall deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth (15th) day following the end of each calendar quarter during any License Period of this Agreement, and on the fifteenth (15th) day of the month following termination or expiration of this Agreement, a complete and accurate statement of its Net Sales of Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by an officer of Licensee and shall include information as to the stock number, item description, quantity shipped, and gross selling price of the Licensed Products shipped, distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited, computation of Net Sales and royalty due, and any other information MLBPA may from time to time reasonably request. Such statements shall be furnished to MLBPA whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in a form acceptable to MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due MLBPA shall be paid simultaneously with the submission of such statements. In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such period, Licensee may use such amount as a credit against future royalty obligations of Licensee during the Term of this Agreement. In no event, however, shall the amount credited for returns during any Royalty Period be used upon termination or expiration of this Agreement as a credit against past royalty obligations of or royalty payments made by Licensee. In no circumstances shall MLBPA be obligated to pay any amount to Licensee upon termination or expiration of this Agreement on account of credits accrued by Licensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association ▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇12 E. 49th Street Ne▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or such other address as the ▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇e MLBPA may direct. (d) The receipt and/or and /or acceptance by MLBPA of any of the statements furnished or royalties paid hereunder to MLBPA (or the cashing of any royalty checks paid hereunder) shall not preclude MLBPA from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectified by Licensee and the appropriate payment shall be made by Licensee. (e) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect to all payments to be made hereunder by Licensee. Interest at a rate of the lesser of one and one-half percent (1 1-1/2%) per month or the maximum rate allowed by law, compounded daily, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date of receipt of payment.