Extract to table

In the event of any discrepancy between this summary and the terms of the executed Settlement Agreement, the Settlement Agreement shall control

All capitalized terms used in this section and not otherwise defined herein shall have the meanings ascribed to them in the Settlement Agreement

This payment must be deposited into escrow at Tidewater Fiduciary Services, Inc

75% of Net Sales, Solstice's running royalty rate shall automatically adjust downward to match the lower rate, on a prospective basis from the effective date of such third-party license

The audit shall be conducted at Apex's sole cost and expense; provided, however, that if any such audit reveals an underpayment of royalties exceeding five percent (5%) of the royalties actually due for the period audited, Solstice shall bear the reasonable cost of the audit in addition to paying the deficiency amount plus interest as specified in the Settlement Agreement

1 Tranche 2 Payment The second tranche of the lump-sum settlement payment in the amount of $3,500,000 must be deposited into escrow at Tidewater Fiduciary Services, Inc