TiVo 2004 Annual Report Download - page 151

3.5 Payments. All payments relating to development work performed under a Statement of Work shall be paid in accordance with the billing
procedures set forth in the applicable Statement of Work. All other payments shall be paid within [*] after the end of the month to which such obligations
relate or in which such obligations accrue. All undisputed payments described in this Section 3 not received by a Party by the applicable due date shall be
deemed delinquent. Delinquent payments shall accrue interest at a rate of [*] (or, if lower, the maximum rate permitted by law) during the period that such
payment remains delinquent.
3.6 Wiring Instructions. All amounts due to TiVo shall be paid in United States Dollars within the time frames specified herein by wire pursuant to the
instructions set forth in Exhibit N (Wiring Instructions). All amounts due to Comcast shall be paid in United States Dollars within the time frames specified
herein by wire pursuant to instructions to be provided to TiVo no less than 10 days prior to the deadline for the relevant payment.
3.7 No Incremental Charges. Except as and to the extent otherwise expressly provided elsewhere in this Agreement, the financial terms set forth in
this Section 3 reflect all of the fees, payments, royalties, charges and other costs to be charged by TiVo to Comcast or by Comcast to TiVo during the Term,
and there shall be no other incremental charges imposed by either TiVo or Comcast during the Term in connection with the matters covered herein.
SECTION 4. PROMOTION COMMITMENT.
4.1 TiVo Experience Software Availability. Comcast will [*] make available the TiVo Experience Software in Qualifying Systems that serve [*] the
total number of Comcast Subscribers in all Qualifying Systems [*]. In any event, such deployment will be completed within [*] following final Comcast
acceptance of the initial TiVo Experience Software ("Comcast TE Acceptance"), subject to [*].
4.2 Subscriber Terms. Comcast will retain full discretion over [*] upon which the TiVo Experience Software will be offered and sold to Comcast
Subscribers, provided that, [*] Comcast TiVo Subscribers, (i) if Comcast [*] in a particular Comcast System and Comcast [*], and (ii) if Comcast [*] in a
particular Comcast System and Comcast [*].
4.3 Marketing Programs. Upon [*] of the TiVo Experience Software [*], Comcast will execute the following marketing programs in support of the
TiVo Experience Software:
(a) [*];
(b) [*]; and
(c) [*].
[*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment
has been requested with respect to the omitted portions.
7.