Second Revenue Stream Clause Samples

Second Revenue Stream. 4.1.2.1. For a three (3) year period ("Second Revenue Period") beginning on the first day of the month next following the Settlement Date, MANUGISTICS guarantees IRI Manugistics Generated Revenues on an annual basis equal to the sum of (a) the IRI Reseller Royalties, excluding those royalties attributable to the sublicense of Oracle Programs (as defined in the IRI Reseller Agreement), plus (b) IRI's Revenue from the license of Exclusive Supply Chain Data without regard to whether such data are licensed on a MANUGISTICS, Oracle or other third-party contract (net of any Referral Fees owed to MANUGISTICS related thereto). 4.1.2.2. MANUGISTICS guarantees to IRI that the Manugistics Generated Revenues under this Section 4.1.2 (the "Second Revenue Stream") will be a minimum of [ *** ] total in the First Revenue Period Year and the Second Revenue Period Year of the Second Revenue Period and [ *** ] in the Third Revenue Period Year of the Second Revenue Period. The parties acknowledge that the Manugistics Generated Revenues under this Section 4.1.2. shall be in addition to the Manugistics Generated Revenues under Section 4.1.1 above as part of the First Revenue Stream. 4.1.2.3. If, at the end of any Revenue Period Year of the Second Revenue Period, IRI has not recognized Manugistics Generated Revenues in the full amount guaranteed for such year as set forth in Section 4.1.2.2 above, Manugistics will pay IRI the difference (the "Second Stream Shortfall Payment") within 30 days after receipt of an invoice from IRI therefor. To the extent any part of a Second Stream Shortfall Payment relates to Contracted Amounts that IRI is not able to recognize as Revenue during such Revenue Period Year, but is able to recognize as Revenue thereafter ("Second Stream Subsequent Revenue"), IRI shall pay to Manugistics the amount of such Second Stream Subsequent Revenue actually received by IRI during the Guaranteed Revenue Period from Customers ("Second Stream Refund Payment") within 30 days after the end of the quarter (based on the Revenue Period Year) in which it is received by IRI provided, however, that under no circumstances shall the Second Stream Refund Payment made by IRI with respect to a Revenue Period Year be in excess of the Second Stream Shortfall Payment made by MANUGISTICS for such year. Any Second Stream Subsequent Revenue included within a Second Stream Refund Payment shall be credited