Common use of Other Products Clause in Contracts

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES [xxxxxx]. ITUNES shall implement any changed tier designation in accordance with ITUNES' standard business practices. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product shall not exceed [xxxxxx]. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions under 17 C.F.R. §§ 200.80(b)(4) and 240.24b-2.

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES [xxxxxx]. ITUNES shall implement any changed tier designation in accordance with ITUNES' standard business practices. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product shall not exceed [xxxxxx]. *** [xxxxxx] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions under 17 C.F.R. §§ 200.80(b)(4) and 240.24b-2.