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ATVI » Topics » 6. Selling FPUs Across Sales Territories

This excerpt taken from the ATVI 10-K filed Jun 14, 2007.

6.             Selling FPUs Across Sales Territories

For the purpose of clarification, Publisher may not sell FPUs in a certain Sales Territory that were manufactured and paid for at a different royalty tier than the royalty tier selected for that Sales Territory.  For example, if Publisher were to manufacture FPUs for sale in the Asian Sales Territory, where it has selected and paid Tier B royalties, Publisher could not sell those FPUs in the European Sales Territory where it had selected a Tier A royalty rate.  In other words, a Publisher may only sell FPUs in a Sales Territory for which it paid the royalty rate that was selected for that Sales Territory.

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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the Amendment Effective Date.

MICROSOFT LICENSING, GP

 

ACTIVISION

 

 

 

/s/ Roxanne V. Spring

 

/s/ Greg Deutsch

By (sign)

 

By (sign)

 

 

 

Roxanne V. Spring

 

Greg Deutsch

Name (print)

 

Name (print)

 

 

 

Sr. Xbox Manager

 

Vice President, Business and Legal Affairs

Title

 

Title

 

 

 

12-8-06

 

12-1-06

Date (print mm/dd/yy)

 

Date (print mm/dd/yy)

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