AMENDMENT TO THE XBOX 360 PUBLISHER LICENSE AGREEMENT (2011 Renewal; MOQ; Hits Programs; Extension of Russian Manufacturing Incentive Program; Japan Re- Ordering Program; Xbox Live and PDLC Incentive Program and; XLSP, HTTPS and Web Services Terms)...Services Terms) • February 3rd, 2012 • Take Two Interactive Software Inc • Services-prepackaged software
After [xxxx] of a Hits Software Title at the Hits [xxxx] royalty rate, Publisher may elect to change the previously elected royalty rate for such Hits Software Title to Hits [xxxx] in a specific Sales Territory provided that the Hits Software Title has a Threshold Price that meets the requirements for Hits [xxxx] royalty rate in Table 1 above. Publisher must submit to Microsoft, [xxxx] before placing the first manufacturing order for the applicable Hits Software Title, a completed Xbox 360 Royalty Tier Migration Form (a “Tier Migration Form”) set forth in Exhibit 8 for each Sales Territory. The change in royalty rate will only apply to manufacturing orders for such Hits Software Title placed after the relevant Tier Migration Form has been approved by Microsoft.
