Common use of Per Program License Fee Clause in Contracts

Per Program License Fee. For each Included Program during its License Period, the “Per-Program License Fee” shall be calculated as the aggregate total of (x) each and every Customer Transaction, multiplied by (y) the Licensor’s Share, multiplied by (z) the greater of Actual Retail Price and Deemed Retail Price applicable to such Customer Transaction; provided, however, that Licensee shall be permitted to deduct from the number of Customer Transactions included in the foregoing calculation Customer Transactions representing Technical Credits, subject to a cap of one percent (1%) of the total number of Customer Transactions per calendar quarter. For clarity, documentation with respect to Technical Credits shall be subject to audit by Licensor as part of its audit rights hereunder. 5.1.1 With respect to each Territory, “Deemed Retail Price” for each Included Program shall be as set forth in the applicable Exhibit.

Per Program License Fee. For each Included Program during its License Period, the “Per-Program License Fee” shall be calculated as the aggregate total of (x) each and every Customer Transaction, multiplied by times (y) the Licensor’s Share, multiplied by times (z) the greater of Actual Retail Price and Deemed Retail Price applicable to such Customer Transaction; provided, however, that Licensee shall be permitted to deduct from the number of Customer Transactions included in the foregoing calculation Customer Transactions representing Technical Credits, subject to a cap of one percent (1%) of the total number of Customer Transactions per calendar quarter. For clarity, documentation with respect to Technical Credits shall be subject to audit by Licensor as part of its audit rights hereunder. 5.1.1 With respect to each Territory, “Deemed Retail Price” for each Included Program shall be as set forth in the applicable Exhibit.