Common use of Statements and Payments Clause in Contracts

Statements and Payments. (a) Licensee shall provide King within thirty (30) days after the end of each calendar quarter (the "Royalty Period"), a complete and accurate statement of its sales of Products for the Royalty Period. Said statement shall be certified as accurate by the Licensee and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) sold during the Royalty Period, information as to discounts given and returns actually credited and any other information King may from time to time request. Statements shall be furnished to King whether or not any Products have been sold and whether or not Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously with the submission of such statement. All payments shall be in such currency as is specified in the Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used as a credit against past or future Royalty obligations of the Licensee. (b) Licensee shall send all statements and payments to King at its address listed in the heading of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by giving written notice thereof to Licensee. (c) The receipt or acceptance by King of any statement or payment (or its cashing of any Royalty checks) shall not preclude King from questioning the correctness thereof at any time and any inconsistencies or mistakes shall immediately be rectified. (d) Time is of the essence with respect 10 all payments to be made hereunder by Licensee, and interest at a rate of twelve (12%) percent per year, compounded daily, or, if less, the maximum lawful interest rate, shall accrue from the date payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and records.

Statements and Payments. ​ (a) Licensee shall DS will provide King Label with a monthly statement (“Monthly Statement”) within thirty (30) days after following the end of each calendar quarter month, beginning with the first month in which any Gross Receipts have been received by DS hereunder. Each Monthly Statement will report Label’s Share of Adjusted Gross Receipts calculated in accordance with the provisions hereof and will contain sufficient detail to support the calculations on a Program by Program basis. Payments of any amounts shown to be due to Label on a Monthly Statement, will be made within forty-five (45) days following the "Royalty Period"), a complete and accurate statement end of its sales of Products the calendar month for the Royalty Periodwhich such Monthly Statement was issued. Said statement Label’s Share shall be certified as accurate by the Licensee calculated and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) sold during the Royalty Period, information as to discounts given and returns actually credited and any other information King may from time to time requestpaid in U.S. Dollars. Statements shall be furnished to King whether or not any Products have been sold and whether or not Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously with the submission of such statement. All payments shall be in such currency as is specified in the Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used as a credit against past or future Royalty obligations of the Licensee.​ (b) Licensee shall send all statements and All payments to King at its address listed Label shall be sent electronically in the heading of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by giving accordance with Label’s written notice thereof to Licensee.transfer instructions. ​ (c) DS shall maintain accurate books of accounts concerning the exploitation of the Programs hereunder. Label, or an authorized representative on Label’s behalf, may, at Label’s sole expense, examine DS’ said books relating to the exploitation of the Programs hereunder solely for the purpose of verifying the accuracy thereof, only during DS’ normal business hours and upon reasonable written notice. DS’ books of account relating to any particular Monthly Statement may be examined as aforesaid only once for as long as is reasonably necessary to complete the audit and within one (1) year after the date the Monthly Statement was rendered by DS. The receipt or acceptance by King of rights hereinabove granted to Label shall constitute Label’s sole and exclusive rights to examine DS’ books and records. Label may not appoint any statement or payment (or its cashing of any Royalty checks) shall not preclude King from questioning the correctness thereof at any time third-party auditor that will be compensated on a contingency basis, and any inconsistencies or mistakes such third-party must be reputable and shall immediately be rectified.have experience auditing film and television distribution agreements. ​ (d) Time Label shall be deemed to have consented to each Monthly Statement rendered by DS hereunder and each such Monthly Statement shall be conclusive, final and binding, shall constitute an account stated, and shall not be subject to objection for any reason whatsoever unless specific objection in writing, stating the basis thereof, is given to DS by Label within one (1) year after the date that such Monthly Statement was rendered by DS. No action, suit or proceeding of any nature in respect to any Monthly Statement rendered by DS hereunder may be maintained against DS unless such action, suit or proceeding is commenced against DS in a court of competent jurisdiction within two (2) years after the essence with respect 10 all payments date on which such Monthly Statement was rendered. ​ (e) DS shall have the right to withhold from any amounts payable to Label hereunder such portion thereof, if any, as may be required to be made hereunder by Licenseewithheld under any applicable state or federal tax laws, or foreign statute, regulation, treaty or other law, and interest at a rate of twelve (12%) percent per year, compounded daily, or, if less, the maximum lawful interest rate, Label shall accrue from the date payment is due until the date payment is receivedpromptly execute and deliver to DS such forms and other documents as may be required in connection therewith. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and records.​

Statements and Payments. (a) Licensee shall provide King within thirty deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth (3015th) days after day following the end of each calendar quarter during any License Period of this Agreement, and on the fifteenth (15th) day of the "Royalty Period")month following termination or expiration of this Agreement, a complete and accurate statement of its sales Net Sales of Products Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by the an officer of Licensee and shall include information as to the stock number, description item description, quantity shipped, and Gross Wholesale Price gross selling price of each Product (including each separate typethe Licensed Products shipped, style and kind of Product) distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited credited, computation of Net Sales and royalty due, and any other information King MLBPA may from time to time reasonably request. Statements Such statements shall be furnished to King MLBPA whether or not any Licensed Products have been sold shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in the a form acceptable to King. MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due King for the Royalty Period MLBPA shall be paid simultaneously with the submission of such statementstatements. All payments shall be in In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such currency period, Licensee may use such amount as is specified in a credit against future royalty obligations of Licensee during the Term of this Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event event, however, shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used upon termination or expiration of this Agreement as a credit against past or future Royalty royalty obligations of the or royalty payments made by Licensee. (b) . In no circumstances shall MLBPA be obligated to pay any amount to Licensee shall send all statements and payments to King at its address listed in the heading upon termination or expiration of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation on account of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address credits accrued by giving written notice thereof to LicenseeLicensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association 00 X. 00xx Xxxxxx Xxx Xxxx, XX 00000 or such other address as the MLBPA may direct. (d) The receipt or and /or acceptance by King MLBPA of any statement of the statements furnished or payment royalties paid hereunder to MLBPA (or its the cashing of any Royalty checksroyalty checks paid hereunder) shall not preclude King MLBPA from questioning the correctness thereof at any time and and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectifiedrectified by Licensee and the appropriate payment shall be made by Licensee. (de) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect 10 to all payments to be made hereunder by Licensee, and interest . Interest at a rate of twelve the lesser of one and one-half percent (121-1/2%) percent per yearmonth or the maximum rate allowed by law, compounded daily, or, if less, the maximum lawful interest rate, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and recordsreceipt of payment.

Statements and Payments. (a) Licensee shall provide King within thirty deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth (3015th) days after day following the end of each calendar quarter during any License Period of this Agreement, and on the fifteenth (15th) day of the "Royalty Period")month following termination or expiration of this Agreement, a complete and accurate statement of its sales Net Sales of Products Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by the an officer of Licensee and shall include information as to the stock number, description item description, quantity shipped, and Gross Wholesale Price gross selling price of each Product (including each separate typethe Licensed Products shipped, style and kind of Product) distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited credited, computation of Net Sales and royalty due, and any other information King MLBPA may from time to time reasonably request. Statements Such statements shall be furnished to King MLBPA whether or not any Licensed Products have been sold shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in the a form acceptable to King. MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due King for the Royalty Period MLBPA shall be paid simultaneously with the submission of such statementstatements. All payments shall be in In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such currency period, Licensee may use such amount as is specified in a credit against future royalty obligations of Licensee during the Term of this Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event event, however, shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used upon termination or expiration of this Agreement as a credit against past or future Royalty royalty obligations of the or royalty payments made by Licensee. (b) . In no circumstances shall MLBPA be obligated to pay any amount to Licensee shall send all statements and payments to King at its address listed in the heading upon termination or expiration of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation on account of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address credits accrued by giving written notice thereof to LicenseeLicensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association 12 E. 49th Street Nex Xxxx, XX 00000 xx xxxx xxxxx xxxxxxx xx xxe MLBPA may direct. (d) The receipt or and /or acceptance by King MLBPA of any statement of the statements furnished or payment royalties paid hereunder to MLBPA (or its the cashing of any Royalty checksroyalty checks paid hereunder) shall not preclude King MLBPA from questioning the correctness thereof at any time and and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectifiedrectified by Licensee and the appropriate payment shall be made by Licensee. (de) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect 10 to all payments to be made hereunder by Licensee, and interest . Interest at a rate of twelve the lesser of one and one-half percent (121-1/2%) percent per yearmonth or the maximum rate allowed by law, compounded daily, or, if less, the maximum lawful interest rate, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and recordsreceipt of payment.

Statements and Payments. 3.3.1. Within thirty (a30) days of the end of each calendar quarter, Licensee shall provide King within submit to TTI Floor Care a full and accurate statement showing the quantity, description, Gross Sales and Net Sales of all Licensed Products distributed and/or sold during the preceding calendar quarter and the total amount of Royalties due thereon. At the same time, Licensee shall pay to TTI Floor Care all such Royalties and all other payments due to TTI Floor Care as of that date. No amounts shall be withheld by Licensee by reason of an offset against amounts due from TTI Floor Care to Licensee or any of its Affiliates for any products or services or for any other reason. To the extent any Royalties are not timely paid, then in addition to all other remedies TTI Floor Care may have, TTI Floor Care shall be entitled to offset the Royalties due against any sums which TTI Floor Care or any of its Affiliates owes to Licensee. Any applicable taxes on the manufacture, distribution, and sale of Licensed Products shall be borne by Licensee. Licensee shall render such statements to TTI Floor Care whether or not any sales of Licensed Products have been made during the preceding calendar quarter. Unless TTI Floor Care agrees to an alternative form, Licensee shall use the form of statement attached hereto as Exhibit 5. In its sole and exclusive discretion, TTI Floor Care may change the form of statement required to be used by Licensee upon written notice to Licensee. 3.3.2. Minimum Royalties for each contract year after the Initial Term shall be paid by Licensee in accordance with Section 3.2. No more than thirty (30) days after the end of each such calendar quarter (quarter, Licensee shall account for and remit to TTI Floor Care the "Royalty Period"), a complete and accurate statement amount by which earned Royalties on Net Sales of its sales of Licensed Products for that period exceeds the Royalty Period. Said statement shall be certified as accurate by the Licensee and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) sold during the Royalty Period, information as to discounts given and returns actually credited and any other information King may from time to time request. Statements shall be furnished to King whether or not any Products have been sold and whether or not Minimum Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously with the submission of such statement. All payments shall be in such currency as is specified in the Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bankcalendar quarter. In no event shall the amount credited for returns during any Royalty Period exceed the difference between earned Royalties and Minimum Royalties in any calendar year affect Licensee's Royalty obligation for such Royalty Period obligations to pay earned Royalties or be used as a credit against past or future Royalty obligations of the LicenseeMinimum Royalties in any other calendar year. (b) Licensee shall send all statements and payments to King at its address listed in the heading of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by giving written notice thereof to Licensee. (c) The receipt or acceptance by King of any statement or payment (or its cashing of any Royalty checks) shall not preclude King from questioning the correctness thereof at any time and any inconsistencies or mistakes shall immediately be rectified. (d) Time is of the essence with respect 10 all payments to be made hereunder by Licensee, and interest at a rate of twelve (12%) percent per year, compounded daily, or, if less, the maximum lawful interest rate, shall accrue from the date payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and records.

Statements and Payments. (a) Licensee shall provide King within thirty deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the thirtieth (3030th) days after day following the end of each calendar quarter during any License Period of this Agreement, and on the thirtieth (30th) day of the "Royalty Period")month following termination or expiration of this Agreement, a complete and accurate statement of its sales Net Sales of Products Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by the an officer of Licensee and shall include information as to the stock number, description item description, quantity shipped, and Gross Wholesale Price gross selling price of each Product (including each separate typethe Licensed Products shipped, style and kind of Product) distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited credited, computation of Net Sales and royalty due, and any other information King MLBPA may from time to time reasonably request. Statements Such statements shall be furnished to King MLBPA whether or not any Licensed Products have been sold shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in the a form acceptable to King. MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due King for the Royalty Period MLBPA shall be paid simultaneously with the submission of such statement. All payments shall be in statements, In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such currency period, Licensee may use such amount as is specified in a credit against future royalty obligations of Licensee during the Term of this Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event event, however, shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used upon termination or expiration of this Agreement as a credit against past or future Royalty royalty obligations of the or royalty payments made by Licensee. (b) . In no circumstances shall MLBPA be obligated to pay any amount to Licensee shall send all statements and payments to King at its address listed in the heading upon termination or expiration of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation on account of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address credits accrued by giving written notice thereof to LicenseeLicensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association 00 X. 00xx Xxxxxx Xxx Xxxx, XX 00000 Or such other address as the MLBPA may direct. (d) The receipt or and/or acceptance by King MLBPA of any statement of the statements furnished or payment royalties paid hereunder to MLBPA (or its the cashing of any Royalty checksroyalty checks paid hereunder) shall not preclude King MLBPA from questioning the correctness thereof at any time and and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectifiedrectified by Licensee and the appropriate payment shall be made by Licensee. (de) All payments made hereunder shall be in Untied States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect 10 to all payments to be made hereunder by Licensee, and interest . Interest at a rate of twelve the lesser of one and one-half percent (121 1/2%) percent per yearmonth or the maximum rate allowed by law, compounded daily, or, if less, the maximum lawful interest rate, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and recordsreceipt of payments.

Statements and Payments. (a) Licensee shall provide King within thirty deliver to Licensor, at its offices, or to such other address as Licensor may direct, on the fifteenth (3015th) days after day following the end of each calendar quarter month during any License Period of this Agreement, and on the fifteenth (15th) day of the "Royalty Period")month following termination or expiration of this Agreement, a complete and accurate statement of its sales Net Sales of Products Licensed Products, differentiated by product, for the immediately preceding calendar month (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by the an officer of Licensee and shall include the number, description and Gross Wholesale Price information for gross sales of each Product (including each separate typeproduct classification of the Licensed Products shipped, style and kind of Product) distributed and/or sold by Licensee during the Royalty Period, information as to discounts given and returns actually credited credited, computation of Net Sales and royalty due, and any other information King Licensor may from time to time reasonably request. Statements Such statements shall be furnished to King Licensor whether or not any Licensed Products have been sold shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in the a form acceptable to King. Licensor and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due King for the Royalty Period Licensor shall be paid simultaneously with the submission of such statementstatements. All payments shall be in In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to Licensor for such currency period, Licensee may use such amount as is specified in a credit against future royalty obligations of Licensee during the License Periods of this Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event event, however, shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used upon termination or expiration of this Agreement as a credit against past or future Royalty royalty obligations of the or royalty payments made by Licensee. (b) . In no circumstances shall Licensor be obligated to pay any amount to Licensee shall send all statements and payments to King at its address listed in the heading upon termination or expiration of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation on account of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address credits accrued by giving written notice thereof to LicenseeLicensee for returns. (c) Licensee's royalty statements and all amounts payable to Licensor by Licensee shall be submitted to: Winning Ways, Inc. 0000 Xxxxxxxx Xxxxxxx Xxxxxx, Xxxxxx 00000 Attn: Xxxxx Xxxxxxx or such other address as the Licensor may direct. (d) The receipt or and/or acceptance by King Licensor of any statement of the statements furnished or payment royalties paid hereunder to Licensor (or its the cashing of any Royalty checksroyalty checks paid hereunder) shall not preclude King Licensor from questioning the correctness thereof at any time and and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectifiedrectified by Licensee and the appropriate payment shall be made by Licensee. (de) All payments made hereunder shall be in United States dollars, unless otherwise specifically agreed upon by the parties. The exchange rate for converting foreign currencies into United States dollars shall be the exchange rate of the Royal Bank of Canada in effect on the royalty due date. (f) Time is of the essence with respect 10 to all payments to be made hereunder by Licensee, and interest . Interest at a rate of twelve the lesser of one and one-half percent (121 1/2%) percent per yearmonth or the maximum rate allowed by law, compounded daily, or, if less, the maximum lawful interest rate, shall accrue on any amount due Licensor hereunder from and after the date upon which the payment is due until the date payment is receivedof receipt of payment. The preceding provision Collection of interest by Licensor shall also apply be without prejudice to any amounts found other rights and remedies available to be unpaid following an examination of Licensee's books and recordsLicensor.

Statements and Payments. (a) Licensee VoodooBeat shall provide King compute and pay royalties due to Licensor hereunder within thirty sixty (3060) days after the end of following June 30 and December 31, respectively, in each calendar quarter (the "Royalty Period"), a complete case with respect to license fees and accurate statement of its sales of Products for the Royalty Period. Said statement shall be certified as accurate Administration Receipts actually received by the Licensee and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) sold VoodooBeat during the Royalty Period, information as to discounts given and returns actually credited and any other information King may from time to time requestimmediately preceding six (6) month period. Statements shall be furnished to King whether or not any Products have been sold and whether or not Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously with the submission of such statement. All Such payments shall be in accompanied by a statement setting forth the source of such currency as is specified in the Agreementroyalties. If no other currency is specified in the Agreement, all payments VoodooBeat shall be in United States currency drawn on a United States bank. In under no event shall obligation to render any statement or make any payment until such time as the amount credited for returns during any Royalty Period royalties due Licensor hereunder equal or exceed Fifty Dollars ($50.00), or upon request at the Licensee's Royalty obligation for such Royalty Period or be used as a credit against past or future Royalty obligations close of the Licensee. fourth accounting period following receipt, whichever occurs first. Licensor acknowledges that, with respect to blanket licenses (b) Licensee shall send all statements i.e., those allowing use of multiple Tracks to be selected by a User and payments reported back to King at its address listed VoodooBeat), VoodooBeat is dependent on Users submitting cue sheets to VoodooBeat in the heading order to calculate royalties owed to Licensor and that in some cases, royalty payment will be delayed pending VoodooBeat’s receipt of this Agreement unless such cue sheets. VoodooBeat will use reasonable commercial efforts to collect cue sheets, but in situations where cue sheets are not provided by Users or VoodooBeat is otherwise specified in the Basic Provisions hereof Kingunable to attribute revenue to particular Tracks or artists, VoodooBeat reserves the right to change its designation allocate payment in an equitable manner, as determined in VoodooBeat’s sole discretion, amongst Tracks and/or artists. VoodooBeat shall have the right to deduct or withhold income or other similar tax from sums payable to Licensor hereunder pursuant to the laws of the recipient relevant territory of payments a Licensed Use, provided that VoodooBeat shall, where readily available, furnish to Licensor, with each statement, any necessary information which shall enable Licensor, upon presentation of such, to endeavor to obtain income tax credit from the United States Internal Revenue Service or local revenue service for tax so withheld. examine VoodooBeat’s books and statements including its designation of: records with respect to such statement. Such examination shall be commenced within three (i3) agent; months after the date of such notice, at Licensor’s sole cost and expense, by any certified public accountant or attorney designated by Licensor, provided he (iior any member or associate of the firm within which he is affiliated) agent's address; or (iii) King's address by giving written notice thereof is not then engaged in an outstanding examination of VoodooBeat’s books and records on behalf of a Person other than Licensor. Such examination shall be made during VoodooBeat’s usual business hours at the place where VoodooBeat maintains the books and records which relate to Licensee. (c) The receipt or acceptance by King Licensor and which are necessary to verify the accuracy of any the statement or payment (or its cashing of any Royalty checksstatements specified in Licensor’s notice to VoodooBeat and the examination shall be limited to the foregoing. Licensor’s right to inspect VoodooBeat’s books and records shall be only as set forth in this Paragraph 11(b) and VoodooBeat shall not preclude King from questioning the correctness thereof at any time have no obligation to produce such books and any inconsistencies or mistakes shall immediately be rectified. (d) Time is of the essence records more than once with respect 10 all payments to be made hereunder by Licensee, and interest at a rate of twelve (12%) percent per year, compounded daily, or, if less, the maximum lawful interest rate, shall accrue from the date payment is due until the date payment is received. The preceding provision shall also apply each statement rendered to any amounts found to be unpaid following an examination of Licensee's books and recordsLicensor.

Statements and Payments. REPORTING (a) Licensee shall provide King within thirty Statement and Payments: By the fifteenth (3015th) days after day following the end of each calendar quarter month, LICENSEE shall furnish (on forms provided by or approved by NBAP) full and accurate statements (on a county-by-country and unit basis, if more than one country is contained within the "Royalty Period"definition of the Territory), a complete and accurate statement certified by an officer of its sales LICENSEE, showing all information relating to the calculation of Products Net Sales for the Royalty Periodpreceding month. Said statement shall be certified as accurate by the Licensee and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) sold during the Royalty Period, information as to discounts given and returns actually credited and any other information King may from time to time request. Statements shall be furnished to King whether or not any Products have been sold and whether or not Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously Simultaneously with the submission of such statement, LICENSEE shall make all monthly royalty payments required under this Agreement for the preceding month. The minimum amount of each monthly royalty payment with respect to each Licensed Product category shall be the amount which, when added to payments of royalties previously made for the Contract Year with respect to such Licensed Product category, shall be equal to one-twelfth (8.34%) of the Minimum Guarantee for such Licensed Product category for such Contract Year required under Paragraph E above, multiplied by the number of months then elapsed. Aggregate royalties paid each Contract Year may exceed the Minimum Guarantee for such Contract Year. Such monthly statements shall be furnished and the required payments made by LICENSEE whether or not there are any Net Sales for that month. All computations and payments shall be in such U.S. dollars, at the spot rate for the local currency as is specified published in the AgreementWall Street Journal for the last business day of the preceding month. If no other currency LICENSEE shall fail to timely pay any amount due under this Paragraph, LICENSEE shall pay interest on such amount at a rate equal to the lesser of (i) three percent (3%) per annum over the highest prime rate (announced by Chemical Bank, New York branch) prevailing during the period between the date the payment first became due and the date such payment is specified actually paid or (ii) the highest rate permitted by law during the period between the date the payment first became due and the date such payment is actually paid. The receipt or acceptance by NBAP of any of the statements furnished or royalties paid by LICENSEE (including the cashing of any royalty checks) shall not preclude NBAP from questioning their accuracy at any time, auditing LICENSEE's books and records pursuant to Paragraph 12 or claiming any shortfall in royalty payments or advertising and promotion payments. In order to assist with NBAP's annual budget process, by April 15 of each Contract Year, LICENSEE shall deliver a statement detailing LICENSEE's projections for sales of each Licensed Product for the Agreementfollowing Contract Year, all payments shall be in United States currency drawn broken down on a United States bankquarterly basis. In no event shall the amount credited If LICENSEE fails to comply with reporting requirements contained in this Paragraph, NBAP may charge LICENSEE, two thousand U.S. dollars (US $2,000) for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used as a credit against past or future Royalty obligations each instance of the Licenseenon- compliance with this Paragraph. (b) Licensee No Cross Collateralization: Any royalty payment for unit of Licensed Product sold shall send all statements and payments to King at its address listed only be applied against the Minimum Guarantee for such Licensed Product for the Contract Year in which the heading unit of this Agreement unless otherwise specified in the Basic Provisions hereof Kingsuch Licensed Product was sold (i.e., reserves the right to change its designation of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by giving written notice thereof to Licensee. (c) The receipt or acceptance by King of any statement shortfall in, or payment (or its cashing of any Royalty checks) shall not preclude King from questioning the correctness thereof at any time and any inconsistencies or mistakes shall immediately be rectified. (d) Time is of the essence with respect 10 all payments to be made hereunder by Licensee, and interest at a rate of twelve (12%) percent per year, compounded daily, or, if lessin excess of, the maximum lawful interest rateMinimum Guarantee for a Contract Year may not be offset or credited against the Minimum Guarantees for any other Contract Year, against any other Licensed Product or against any other NBA license (including premium license agreements entered into pursuant to Paragraph 5 hereof) held by LICENSEE). If Minimum Guarantees are stated separately for different categories of Licensed Products royalty payments resulting from Net Sales of a category of Licensed Product shall accrue from be applied only against the date payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination Minimum Guarantee for such category of Licensee's books and recordsLicensed Product.

Statements and Payments. REPORTING (a) Licensee shall provide King within thirty Statement and Payments: By the fifteenth (3015th) days after day following the end of each calendar quarter month, LICENSEE shall furnish (on forms provided by or approved by NBAP) full and accurate statements (on a county-by-country and unit basis, if more than one country is contained within the "Royalty Period"definition of the Territory), a complete and accurate statement certified by an officer of its sales LICENSEE, showing all information relating to the calculation of Products Net Sales for the Royalty Periodpreceding month. Said statement shall be certified as accurate by the Licensee and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) sold during the Royalty Period, information as to discounts given and returns actually credited and any other information King may from time to time request. Statements shall be furnished to King whether or not any Products have been sold and whether or not Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously Simultaneously with the submission of such statement, LICENSEE shall make all monthly royalty payments required under this Agreement for the preceding month. The minimum amount of royalties to be paid by LICENSEE by the end of each quarter with respect to each Licensed Product category shall be the amount which, when added to payments of royalties previously made for the Contract Year with respect to such Licensed Product category, shall be equal to one-fourth (25%) of the Minimum Guarantee for such Licensed Product category for such Contract Year required under Paragraph E above multiplied by the number of quarters then elapsed. Aggregate royalties paid each Contract Year may exceed the Minimum Guarantee for such Contract Year. Such monthly statements shall be furnished and the required payments made by LICENSEE whether or not there are any Net Sales for that month. LICENSEE shall not deduct or withhold any amounts by reason of any tax (including any taxes imposed on NBAP); any applicable tax on the distribution and sale of the Licensed Products shall be borne, and paid directly, by LICENSEE. All payments shall be in such currency as is specified in the AgreementU.S. dollars, from a U.S. source approved by NBAP. If no other currency is specified in the Agreement, all All computations and payments shall be in United States U.S. dollars, at the spot rate for the local currency drawn as published in the Wall Street Journal for the last business day of the preceding month. If LICENSEE shall fail to timely pay any amount due under this Paragraph, LICENSEE shall pay interest on such amount at a rate equal to the lesser of (i) three percent (3%) per annum over the highest percent rate (announced by Chemical Bank, New York branch) prevailing during the period between the date the payment first became due and the date such payment is actually paid or (ii) the highest rate permitted by law during the period between the date the payment first became due and the date such payment is actually paid. The receipt or acceptance by NBAP of any of the statements furnished or royalties paid by LICENSEE (including the cashing of any royalty checks) shall not preclude NBAP from questioning their accuracy at any time, auditing LICENSEE's books and records pursuant to Paragraph 12 or claiming any shortfall in royalty payments. In order to assist with NBAp's annual budget process, by April 15 of each Contract Year, LICENSEE shall deliver a statement detailing LICENSEE's projections for sales of each Licensed Product for the following Contract Year, broken down on a United States bankquarterly basis. In no event If LICENSEE fails to comply with reporting requirements contained in this Paragraph, NBAP may charge LICENSEE, and LICENSEE shall the amount credited pay, two thousand U.S. dollars (USD 2,000) for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used as a credit against past or future Royalty obligations each instance of the Licenseenon-compliance with this Paragraph. (b) Licensee No Cross Collateralization: Any royalty payment for unit of Licensed Product sold shall send all statements and payments to King at its address listed only be applied against the Minimum Guarantee for such Licensed Product for the Contract Year in which the heading unit of this Agreement unless otherwise specified in the Basic Provisions hereof Kingsuch Licensed Product was sold (i.e., reserves the right to change its designation of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by giving written notice thereof to Licensee. (c) The receipt or acceptance by King of any statement shortfall in, or payment (or its cashing of any Royalty checks) shall not preclude King from questioning the correctness thereof at any time and any inconsistencies or mistakes shall immediately be rectified. (d) Time is of the essence with respect 10 all payments to be made hereunder by Licensee, and interest at a rate of twelve (12%) percent per year, compounded daily, or, if lessin excess of, the maximum lawful interest rateMinimum Guarantee for a Contract Year may not be offset or credited against the Minimum Guarantees for any other Contract Year, against any other Licensed Product or against any other NBA license (including premium license agreements entered into pursuant to Paragraph 5 hereof) held by LICENSEE). If Minimum Guarantees are stated separately for different categories of Licensed Products or for different territories, royalty payments resulting from Net Sales of a category of Licensed Product or in a particular territory shall accrue from be applied only against the date payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination Minimum Guarantee for such category of Licensee's books and recordsLicensed Product or territory.

Statements and Payments. (a) Licensee shall provide King within thirty deliver to MLBPA, at its offices in New York, New York, or to such other address as MLBPA may direct, on the fifteenth (3015th) days after day following the end of each calendar quarter during any License Period of this Agreement, and on the fifteenth (15th) day of the "Royalty Period")month following termination or expiration of this Agreement, a complete and accurate statement of its sales Net Sales of Products Licensed Products, differentiated by country and product category, for the immediately preceding calendar quarter (or portion thereof) (the "Royalty Period"). Said statement shall be certified as accurate by the an officer of Licensee and shall include information as to the stock number, description item description, quantity shipped, and Gross Wholesale Price gross selling price of each Product (including each separate typethe Licensed Products shipped, style and kind of Product) distributed and/or sold by Licensee during the Royalty Period, information as to quantity discounts given and returns actually credited credited, computation of Net Sales and royalty due, and any other information King MLBPA may from time to time reasonably request. Statements Such statements shall be furnished to King MLBPA whether or not any Licensed Products have been sold shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the Royalty Period. Statements shall be in the a form acceptable to King. MLBPA and consistent with Schedule C hereto. (b) The amount in United States dollars shown in Licensee's royalty statements as being due King for the Royalty Period MLBPA shall be paid simultaneously with the submission of such statementstatements. All payments shall be in In the event that the amount credited for returns during any Royalty Period exceeds Licensee's royalty obligation to MLBPA for such currency period, Licensee may use such amount as is specified in a credit against future royalty obligations of Licensee during the Term of this Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event event, however, shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used upon termination or expiration of this Agreement as a credit against past or future Royalty royalty obligations of the or royalty payments made by Licensee. (b) . In no circumstances shall MLBPA be obligated to pay any amount to Licensee shall send all statements and payments to King at its address listed in the heading upon termination or expiration of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation on account of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address credits accrued by giving written notice thereof to LicenseeLicensee for returns. (c) Licensee's royalty statements and all amounts payable to MLBPA by Licensee shall be submitted to: Major League Baseball Players Association 00 X. 00xx Xxxxxx Xxx Xxxx, XX 00000 or such other address as the MLBPA may direct. (d) The receipt or and/or acceptance by King MLBPA of any statement of the statements furnished or payment royalties paid hereunder to MLBPA (or its the cashing of any Royalty checksroyalty checks paid hereunder) shall not preclude King MLBPA from questioning the correctness thereof at any time and and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they shall immediately be rectifiedrectified by Licensee and the appropriate payment shall be made by Licensee. (de) All payments made hereunder shall be in United States dollars drawn on a United States bank, unless otherwise specifically agreed upon by the parties. (f) Time is of the essence with respect 10 to all payments to be made hereunder by Licensee, and interest . Interest at a rate of twelve the lesser of one and one-half percent (121 1/2%) percent per yearmonth or the maximum rate allowed by law, compounded daily, or, if less, the maximum lawful interest rate, shall accrue on any amount due MLBPA hereunder from and after the date upon which the payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and recordsreceipt of payment.

Statements and Payments. REPORTING (a) Licensee shall provide King within thirty Statement and Payments: By the fifteenth (3015th) days after day following the end of each calendar quarter (month, LICENSEE shall wire transfer to NBAP the "Royalty Period"Monthly Minimum Payment" (as defined below), a complete and within fifteen (15) days (i.e., by the 30th day following the end of each month) of each such payment, Fleer and SkyBox shall each furnish (on forms provided by or approved by NBAP) full and accurate statement statements (on a country-by-country and brand basis), certified by an officer of its sales each respective company, showing all information relating to the calculation of Products Net Sales for the Royalty Periodpreceding month. Said statement shall be certified as accurate by the Licensee and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) sold during the Royalty Period, information as to discounts given and returns actually credited and any other information King may from time to time request. Statements shall be furnished to King whether or not any Products have been sold and whether or not Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously Simultaneously with the submission of such statement, each company shall wire transfer to NBAP the overage, if any, with respect to the Monthly Minimum Payment made and the actual earned royalty required for the preceding month. The minimum amount of each monthly royalty payment shall be the amount which, when added to payments of royalties previously made for the Contract Year, shall be equal to one-twelfth (8.34%) of the Minimum Guarantee for such Contract Year required under Paragraph E above, multiplied by the number of calendar months then elapsed (the minimum payments under this sentence shall be collectively referred to as the "Monthly Minimum Payment"). Aggregate royalties paid each Contract Year may exceed the Minimum Guarantee for such Contract Year. Such monthly statements shall be furnished and the required payments made by LICENSEE whether or not there are any Net Sales for that month. All payments made by LICENSEE to NBAP under this Agreement shall be made free and clear of, and without deduction or withholding for or on account of, any income, stamp or other taxes, charges, fees, deductions or withholdings. If any such taxes, charges, fees, deductions or withholdings are required by law to be withheld from any amounts payable to NBAP hereunder, the amounts so payable shall be increased to the extent necessary to yield to NBAP the amounts specified in this Agreement. All payments shall be in such currency as is specified in the AgreementU.S. dollars, from a U.S. source approved by NBAP. If no other currency is specified in the Agreement, all All computations and payments shall be in United States U.S. dollars, at the spot rate for the local currency drawn on a United States bank. In no event shall as published in the amount credited Wall Street Journal for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used as a credit against past or future Royalty obligations last business day of the Licensee. (b) Licensee preceding month. If LICENSEE shall send all statements and payments fail to King timely pay any amount due under this Paragraph, LICENSEE shall pay interest on such amount at its address listed in a rate equal to the heading lesser of this Agreement unless otherwise specified in the Basic Provisions hereof King, reserves the right to change its designation of the recipient of payments and statements including its designation of: (i) agent; * percent (*%) per annum over the highest prime rate (announced by Chase Bank, New York branch) prevailing during the period between the date the payment first became due and the date such payment is actually paid or (ii) agent's address; or (iii) King's address the highest rate permitted by giving written notice thereof to Licensee. (c) law during the period between the date the payment first became due and the date such payment is actually paid. The receipt or acceptance by King NBAP of any statement of the statements furnished or payment royalties paid by LICENSEE (or its including the cashing of any Royalty royalty checks) shall not preclude King NBAP from questioning the correctness thereof at any time and any inconsistencies or mistakes shall immediately be rectified. (d) Time is of the essence with respect 10 all payments to be made hereunder by Licenseetheir accuracy, and interest at a rate of twelve (12%) percent per year, compounded daily, or, if less, the maximum lawful interest rate, shall accrue from the date payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licenseeauditing LICENSEE's books and recordsrecords pursuant to Paragraph 12 or claiming any shortfall in royalty payments, or advertising and promotion payments all during the Term and for a period of two (2) years after the expiration or termination hereof. In order to assist with NBAP's annual budget process, by April 15 of each Contract Year, each LICENSEE company shall deliver a statement detailing its projections for sales of each Licensed Product for the following Contract Year, broken down on a quarterly basis. If LICENSEE fails to comply with the reporting and payment requirements contained in this Paragraph, subject to notice and opportunity to cure as provided under Paragraph 13(a) below, NBAP may charge LICENSEE, as liquidated damages, * U.S. dollars (USD *) for each instance of non-compliance with this Paragraph. ------------------ * Confidential treatment requested - portion has been omitted and filed separately with the Securities and Exchange Commission.

Statements and Payments. (a) Licensee shall provide King within thirty (30) days after the end of each calendar quarter (the "Royalty Period"), a complete and accurate statement of its sales of Products for the Royalty Period. Said statement shall be certified as accurate by the Licensee and include the number, description and Gross Wholesale Price of each Product (including each separate type, style and kind of Product) and, for Products sold on an OEM basis, the Net Revenues for the Products sold during the Royalty Period, information as to discounts given and returns actually credited credit and any other information King may from time to time request. Statements shall be furnished to King whether or not any Products have been sold and whether or not Royalties have been earned during the Royalty Period. Statements shall be in the form acceptable to King. The amount due King for the Royalty Period shall be paid simultaneously with the submission of such statementstatements. All payments shall be in such currency as is specified in the Agreement. If no other currency is specified in the Agreement, all payments shall be in United States currency drawn on a United States bank. In no event shall the amount credited for returns during any Royalty Period exceed the Licensee's Royalty obligation for such Royalty Period or be used as a credit against past or future Royalty obligations of the Licensee. (b) Licensee shall send all statements and payments to King at its address listed in the heading of this Agreement unless otherwise specified in the Basic Provisions hereof King, hereof. King reserves the right to change its designation of the recipient of payments and statements including its designation of: (i) agent; (ii) agent's address; or (iii) King's address by giving written notice thereof to Licensee. (c) The receipt or acceptance by King of any statement or payment (or its cashing of any Royalty checks) shall not preclude King from questioning the correctness thereof at any time and any inconsistencies or mistakes shall immediately be rectified. (d) Time is of the essence with respect 10 to all payments to be made hereunder by Licensee, and interest at a rate of twelve percent (12%) percent per year, compounded daily, orof, if less, the maximum lawful interest rate, shall accrue from the date payment is due until the date payment is received. The preceding provision shall also apply to any amounts found to be unpaid following an examination of Licensee's books and records.