Common use of Payment of Net DMX Revenues Clause in Contracts

Payment of Net DMX Revenues. (a) Net DMX Revenues will be remitted to the Company monthly in arrears for each calendar month. Each monthly payment will be made by the end of the calendar month immediately following the calendar month for which Net DMX Revenues are being remitted. At the time of each payment, the Company will be given a statement setting forth in reasonable detail TCI's calculation of Net DMX Revenues for the month in question. (b) TCI will keep and maintain (or will cause to be kept and maintained) books and records (the "System Books and Records") with respect to revenues from the sale of DMX Services by TCI System Owners, which books and records will be accurate and complete in all material respects. Upon at least 15 Business Days' prior notice and during TCI's normal business hours, the Company (or its authorized employees, agents, accountants and representatives) will have the right, at the expense of the Company, to examine and audit the System Books and Records and such other evidence of the DMX Revenues of the TCI System Owners as the Company may reasonably request to the extent reasonably necessary to verify the accuracy of TCI's calculation of Net DMX Revenues. The rights granted to the Company in this Section 8.3(b) may be exercised not more frequently than once a year and the period as to which such right is exercised will be limited to a period beginning not more than two years before the date such notice is given and ending as of the end of the most recent calendar month for which information regarding DMX Revenues is available. (c) After receipt of a statement setting forth the calculation of the Net DMX Proceeds in accordance with Section 8.3(b), the Company will have two years within which to notify TCI of any disagreement with respect to TCI's calculation of the Net DMX Revenues set forth in that statement, which notice will specify in reasonable detail the basis for such disagreement. (d) If the Company notifies TCI that it agrees with TCI's calculation of Net DMX Revenues for any period, that calculation will be final and conclusive as of the date of delivery of such notification. If the Company fails to provide notice of disagreement with any calculation by TCI of Net DMX Revenues within the two-year period prescribed by Section 8.3(c), TCI's calculation will be final and conclusive as of the end of such period.

Payment of Net DMX Revenues. (a) Net DMX Revenues will be remitted to the Company monthly in arrears for each calendar month. Each monthly payment will be made by the end of the calendar month immediately following the calendar month for which Net DMX Revenues are being remitted. At the time of each payment, the Company will be given a statement setting forth in reasonable detail TCI's calculation of Net DMX Revenues for the month in question. (b) TCI will keep and maintain (or will cause to be kept and maintained) books and records (the "System Books and Records") with respect to revenues from the sale of DMX Services by TCI System Owners, which books and records will be accurate and complete in all material respects. Upon at least 15 Business Days' prior notice and during TCI's normal business hours, the Company (or its authorized employees, agents, accountants and representatives) will have the right, at the expense of the Company, to examine and audit the System Books and Records and such other evidence of the DMX Revenues of the TCI System Owners as the Company may reasonably request to the extent reasonably necessary to verify the accuracy of TCI's calculation of Net DMX Revenues. The rights granted to the Company in this Section 8.3(b) may be exercised not more frequently than once a year and the period as to which such right is exercised will be limited to a period beginning not more than two years before the date such notice is given and ending as of the end of the most recent calendar month for which information regarding DMX Revenues is available. (c) After receipt of a statement setting forth the calculation of the Net DMX Proceeds in accordance with Section 8.3(b), the Company will have two years within which to notify TCI of any disagreement with respect to TCI's calculation of the Net DMX Revenues set forth in that statement, which notice will specify in reasonable detail the basis for such disagreement. (d) If the Company notifies TCI that it agrees with TCI's calculation of Net DMX Revenues for any period, that calculation will be final and conclusive as of the date of delivery of such notification. If the Company fails to provide notice of disagreement with any calculation by TCI of Net DMX Revenues within the two-year period prescribed by Section 8.3(c), TCI's calculation will be final and conclusive as of the end of such period. (e) If within such two-year period the Company provides notice of disagreement with TCI's calculation of Net DMX Revenues for any month, the Company and TCI will negotiate in good faith to resolve any such dispute for a period of 30 days following receipt of such notice of disagreement. If the dispute is not resolved within such period, the dispute will be referred to KPMG Peat Marwick (or, if such accounting firm is for any reason unwilling or unable to act in such capacity, such other nationally recognized accounting firm as may be designated by KPMG Peat Marwick), which accounting firm will render its decision (together with a reasonably detailed explanation therefor) as soon as possible following submission of the dispute to it, which decision will be final and conclusive. The fees and expenses of the accounting firm relating to services rendered pursuant to this Section 8.3(e) will be paid by the Company and TCI in equal shares.