Common use of Evaluation Administration Fees Clause in Contracts

Evaluation Administration Fees. Within thirty (30) days of the Evaluation Election Date, Content Participant shall pay AACS LA Evaluation Administration Fees as set forth in the Fee Schedule attached as Exhibit B, subject to any pro-rata credit to which Content Participant may be entitled under Section 4.1 of an Interim Content Participant Agreement. Upon each anniversary of the Evaluation Election Date (the “Annual Evaluation Payment Date”), Content Participant shall pay AACS LA the Annual Administration Fee for the following year which fee shall be used to offset the costs associated with AACS LA’s administration of the AACS Technology. AACS LA may, upon at least thirty (30) days notice to Content Participant, modify the Annual Administration Fee payable for the period beginning on the next Annual Evaluation Payment Date, provided that any increase in such fees shall not exceed an amount commensurate with any increase in AACS LA’s costs. Without limiting the foregoing, where costs per Fellow Content Participant decrease, AACS LA shall use commercially reasonable efforts to reduce the Annual Administration Fee. Content Participant when ordering Evaluation Keys shall pay order fulfillment fees as set forth in the Fee Schedule attached as Exhibit B. Content Participant shall not be entitled to any refund of fees paid for any reason.

Evaluation Administration Fees. Within thirty (30) days of the Evaluation Election Date, Content Participant Provider shall pay AACS LA Evaluation Administration Fees as set forth in the Fee Schedule attached as Exhibit B, subject to any pro-rata credit to which Content Participant Provider may be entitled under Section 4.1 of an Interim Content Participant Provider Agreement. Upon each anniversary of the Evaluation Election Date (the “Annual Evaluation Payment Date”), Content Participant Provider shall pay AACS LA the Annual Administration Fee for the following year which fee shall be used to offset the costs associated with AACS LA’s administration of the AACS Technology. AACS LA may, upon at least thirty (30) days notice to Content ParticipantProvider, modify the Annual Administration Fee payable for the period beginning on the next Annual Evaluation Payment Date, provided that any increase in such fees shall not exceed an amount commensurate with any increase in AACS LA’s costs. Without limiting the foregoing, where costs per Fellow Content Participant Provider decrease, AACS LA shall use commercially reasonable efforts to reduce the Annual Administration Fee. Content Participant Provider when ordering Evaluation Keys shall pay order fulfillment fees as set forth in the Fee Schedule attached as Exhibit B. Content Participant Provider shall not be entitled to any refund of fees paid for any reason.