Common use of Development Cost Clause in Contracts

Development Cost. 11.1 Development Cost of the Product in accordance with this Agreement shall be the relevant amount set out in Schedule 1 payable to the Developer by the Publisher in accordance with the Milestone Payment Schedule detailed in Schedule 1. 11.2 Without prejudice to the provisions of paragraph 4 above, Publisher shall use reasonable endeavors to expedite its acceptance of deliverables in relation to a Milestone. 11.3 Developer may raise an invoice on the Publisher upon notice by the Publisher of its acceptance of each Milestone pursuant to Paragraph 4 and such invoice is due within ten (10) calendar days of this acceptance. 11.4 The Publisher shall have no obligation to make any payments to the Developer under this Agreement for anything save for the payment of the Development Cost referred to in this paragraph 11, Profits under paragraph 10 and payments (if relevant) under paragraph 9. Nevertheless, any other additional payments that the Publisher, in its discretion, makes to the Developer in relation to the Developer’s work under this Agreement for any reason shall be treated as a further Development Cost payment and fully recoupable from Profits payable under this Agreement, unless otherwise agreed in writing. 11.5 All Development Costs paid by Publisher to the Developer together with payments (if relevant) under paragraph 9 (except payment of Profits) shall be recoupable at the rate of 100% out of the cash received by Publisher for sale and license of the Product. 11.6 The parties agree that no finder’s fees are payable to any party under this transaction.

Development Cost. 11.1 Development Cost of the Product in accordance with this Agreement shall be the relevant amount set out in Schedule 1 payable to the Developer by the Publisher in accordance with the Milestone Payment Schedule detailed in Schedule 1. 11.2 Without prejudice to the provisions of paragraph 4 above, Publisher shall use reasonable endeavors endeavours to expedite its acceptance of deliverables in relation to a Milestone. 11.3 Developer may raise an invoice on the Publisher upon notice by the Publisher of its acceptance of each Milestone pursuant to Paragraph 4 and such invoice is due within ten (10) calendar days of this acceptance. 11.4 The Publisher shall have no obligation to make any payments to the Developer under this Agreement for anything save for the payment of the Development Cost referred to in this paragraph 11, Profits under paragraph 10 and payments (if relevant) under paragraph 9. Nevertheless, any other additional payments that the Publisher, in its discretion, makes to the Developer in relation to the Developer’s work under this Agreement for any reason shall be treated as a further Development Cost payment and fully recoupable from Profits payable under this Agreement, unless otherwise agreed in writing. 11.5 All Development Costs paid by Publisher to the Developer together with payments (if relevant) under paragraph 9 (except payment of Profits) shall be recoupable at the rate of 100% out of the cash received by Publisher for sale and license of the Product. 11.6 The parties agree that no finder’s fees are payable to any party under this transaction.