Common use of Excess Fee Clause in Contracts

Excess Fee. If, during the month prior to termination, Licensee downloads data from the Services, notwithstanding section 3.1.1 (b) and regardless of whether such activity constitutes a breach of section 4.1.2, such that the data downloaded (a) is twice that of Licensee’s monthly downloading average in the preceding six (6) months or (b) constitutes over five percent (5%) of the Content, then Licensee will pay to Mintel, in full upon termination, an excess fee equivalent to the Fee payable for the next Renewal Term.

Excess Fee. If, during the month prior to termination, Licensee downloads data from the Services, notwithstanding section 3.1.1 (b) and regardless of whether such activity constitutes a breach of section 4.1.2, such that the data downloaded (a) is twice that of Licensee’s monthly downloading average in the preceding six (6) months or (b) constitutes over five percent (5%) of the Content, then Licensee will pay to MintelLicensor, in full upon termination, an excess fee equivalent to the Fee payable for the next Renewal Term.