The parties shall then commence a business diligence phase ending no later than March 31, 2011, to ascertain the commercial desirability of the PS3 SKU, taking into consideration the then prevailing information regarding expected market conditions and console transitions.
Upon conclusion of the Development Term, Activision agrees that it shall not exercise its publishing and distribution rights to the Products under this Agreement to intentionally create confusion in the marketplace regarding any future Licensor game.
(x) external community support, including on-going philanthropic initiatives; (xi) in-game community management; (xii) run servers for game service (persistent state data, authentication layer and content activation); (xiii) delivering Product art and style bible (and appropriate updates thereto) (which such style bible shall be subject to the approval of Activision, such approval not to be unreasonably withheld) and otherwise providing Activision staff (and/or its designated agencies) with reasonable and regular access to and review of subject matter experts, game assets and other related materials such that Activision is sufficiently able to create and generate customary (i.e., consistent with other AAA interactive software entertainment products published by Activision) events, marketing, advertising, promotional and packaging materials for the Products; (xiv) collaborate with Activision, including supplying marketing asset materials and public relations and community support, as agreed by the parties, such that such support does not interfere with the delivery of a Project Review Deliverable (as such term is defined in Section 8.2(b)); (xv) integration of localized assets; (xvi) maintain live support team of the Products (e.g., in-game game masters); (xvii) assistance, support and consultation on marketing and public relations for the Products, including making key development personnel reasonably available for public relations appearances, interviews, etc.; (xviii) ongoing support for Products released, including online player support, for a period of three (3) years following commercial release of the applicable Product; and (xix) provide Activision with consumer play data such that Activision will have visibility to key strategic metrics and can run analytics to facilitate decisions on downloadable content, release timings, future features, etc. Bungie Development and Publishing Agreement (Destiny)v11
Under an "open book" project accounting philosophy mutually agreed by the parties hereto, Activision shall have the right to periodically review Licensor's books and accounting records relating to costs, budgets and expenses associated with the Products (specifically including, but not limited to, average cost per employee per department); provided, however, that Activision shall have the right to approve any merit increase to any Key Member compensation in excess of four percent (4%) of total compensation (excluding royalty bonuses) per calendar year unless such excess is funded by Licensor out of its own cash reserves and not out of the Destiny production budget.
13.3 Licensor shall provide Activision with reasonable assistance for marketing and promotion of the Products, including, but not limited to ihe creation of assets such as video trailers, screen shots, art pieces, and demo versions.