Common use of Market Fee Clause in Contracts

Market Fee. Licensee shall pay to Muzak, in accordance with Section 6.7 ---------- each calendar month, a market fee in the amount set forth below for Licensee -------- Category E and based upon information then available in the report entitled ---------- County Business Patterns by State and a U.S. Summary, as published by the Bureau ---------------------------------------------------- of the Census, United States Department of Commerce or any successor publication (the "U.S. Business Pattern Report") and, in the case of Category I below, the population within the Territory. Licensee Number of Businesses and/or Monthly Category Population Within Territory Market Fee -------- --------------------------- ---------- A 70,000 or more businesses $950 B 60,000 through 69,999 businesses 900 C 50,000 through 59,999 businesses 850 D 40,000 through 49,999 businesses 770 E 30,000 through 39,999 businesses 690 F 20,000 through 29,999 businesses 610 G 10,000 through 19,999 businesses 530 H 5,000 through 9,999 businesses 450 I ("Junior 4,999 or fewer businesses or 350 Franchise") population of 100,000 or less Upon a determination by Muzak, based upon the information then available in the U.S. Business Pattern Report (or, in the case of Category I, the U.S. Census), that the number of businesses or population within the Territory has changed so as to require the recategorization of the Business, Muzak will so notify Licensee. Any adjustment in the market fee resulting from such recategorization shall become effective for the calendar month immediately following the month in which such notice is given. Cumulative adjustments in the market fee during the term of this Agreement shall not exceed two (2) categories from that shown above in this Section 6.2.

Market Fee. Licensee shall pay to Muzak, in accordance with Section ---------- 6.7 ---------- each calendar month, a market fee in the amount set forth below for Licensee -------- Category E B and based upon information then available in the report entitled ---------- County Business Patterns by State and a U.S. Summary, as published by the Bureau ---------------------------------------------------- of the Census, United States Department of Commerce or any successor publication (the "U.S. Business Pattern Report") and, in the case of Category I below, the population within the Territory. Licensee Number of Businesses and/or Monthly Category Population Within Territory Market Fee -------- --------------------------- --------------- --------------------------------- ---------- A 70,000 or more businesses $950 B 60,000 through 69,999 businesses 900 C 50,000 through 59,999 businesses 850 D 40,000 through 49,999 businesses 770 E 30,000 through 39,999 businesses 690 F 20,000 through 29,999 businesses 610 G 10,000 through 19,999 businesses 530 H 5,000 through 9,999 businesses 450 I ("Junior 4,999 or fewer businesses or 350 Franchise") population of 100,000 or less Upon a determination by Muzak, based upon the information then available in the U.S. Business Pattern Report (or, in the case of Category I, the U.S. Census), that the number of businesses or population within the Territory has changed so as to require the recategorization of the Business, Muzak will so notify Licensee. Any adjustment in the market fee resulting from such recategorization shall become effective for the calendar month immediately following the month in which such notice is given. Cumulative adjustments in the market fee during the term of this Agreement shall not exceed two (2) categories from that shown above in this Section 6.2.

Market Fee. Licensee shall pay to Muzak, in accordance with Section ---------- 6.7 ---------- each calendar month, a market fee in the amount set forth below for Licensee -------- Category E C and based upon information then available in the report ------------------- entitled ---------- County Business Patterns by State and a U.S. Summary, as published by ---------------------------------------------------- the Bureau ---------------------------------------------------- of the Census, United States Department of Commerce or any successor publication (the "U.S. Business Pattern Report") and, in the case of Category I below, the population within the Territory. Licensee Number of Businesses and/or Monthly Category Population Within Territory Market Fee -------- --------------------------- ---------- A 70,000 or more businesses $950 B 60,000 through 69,999 businesses 900 C 50,000 through 59,999 businesses 850 D 40,000 through 49,999 businesses 770 E 30,000 through 39,999 businesses 690 F 20,000 through 29,999 businesses 610 G 10,000 through 19,999 businesses 530 H 5,000 through 9,999 businesses 450 I ("Junior 4,999 or fewer businesses or population of 350 Franchise") population of 100,000 or less Upon a determination by Muzak, based upon the information then available in the U.S. Business Pattern Report (or, in the case of Category I, the U.S. Census), that the number of businesses or population within the Territory has changed so as to require the recategorization of the Business, Muzak will so notify Licensee. Any adjustment in the market fee resulting from such recategorization shall become effective for the calendar month immediately following the month in which such notice is given. Cumulative adjustments in the market fee during the term of this Agreement shall not exceed two (2) categories from that shown above in this Section 6.2.

Market Fee. Licensee shall pay to Muzak, in accordance with Section 6.7 ---------- each calendar month, a market fee in the amount set forth below for Licensee -------- Category E A and based upon information then available in the report entitled ---------- County Business Patterns by State and a U.S. Summary, as published by the Bureau ---------------------------------------------------- of the Census, United States Department of Commerce or any successor publication (the "U.S. Business Pattern Report") and, in the case of Category I below, the population within the Territory. Licensee Number of Businesses and/or Monthly Category Population Within Territory Market Fee -------- --------------------------- ---------- A 70,000 or more businesses $950 B 60,000 through 69,999 businesses 900 C 50,000 through 59,999 businesses 850 D 40,000 through 49,999 businesses 770 E 30,000 through 39,999 businesses 690 F 20,000 through 29,999 businesses 610 G 10,000 through 19,999 businesses 530 H 5,000 through 9,999 businesses 450 I ("Junior 4,999 or fewer businesses or 350 Franchise") population of 100,000 or less Upon a determination by Muzak, based upon the information then available in the U.S. Business Pattern Report (or, in the case of Category I, the U.S. Census), that the number of businesses or population within the Territory has changed so as to require the recategorization of the Business, Muzak will so notify Licensee. Any adjustment in the market fee resulting from such recategorization shall become effective for the calendar month immediately following the month in which such notice is given. Cumulative adjustments in the market fee during the term of this Agreement shall not exceed two (2) categories from that shown above in this Section 6.2.