Subsequent Deliveries. During the first and second years following initial delivery of the Standard Code, Microsoft shall have the option, at its sole discretion, of receiving further deliveries, [*]. If Microsoft takes the first optional delivery [*] following initial delivery of the Standard Code, it shall pay PN a flat fee of twenty-five million dollars ($25,000,000). If Microsoft takes the second optional delivery, it shall pay PN a further flat fee of thirty-five million dollars ($35,000,000). Within the time periods specified, Microsoft shall decide the dates for such deliveries at its sole discretion. If such deliveries are made, then the code delivered shall be considered Standard Code for purposes of this agreement and shall be subject to all the terms of this agreement. For amounts due under this Section 3.3 [*].
Appears in 2 contracts
Sources: Agreement Between Microsoft and Progressive Networks on Media Streaming Technology (Realnetworks Inc), Agreement Between Microsoft and Progressive Networks on Media Streaming Technology (Realnetworks Inc)