ANY BREACH BY GAME OR ANY MEMBER OF ITS GROUP OF
ANY OF THE MATERIAL TERMS OF THE LICENCE AGREEMENT WHICH, IF CAPABLE OF REMEDY,
IS NOT REMEDIED WITHIN 10 DAYS OF WRITTEN NOTICE BEING SERVED BY, OR ON BEHALF
OF, EBI ON GAME ALLEGING A BREACH OF THE LICENCE AGREEMENT AND SETTING OUT THE
ALLEGED BREACH IN SUFFICIENT DETAIL TO ENABLE IT TO BE IDENTIFIED.
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3.5
IT IS AGREED BY ALL PARTIES THAT CLAUSE 17.2
OF THE LICENCE AGREEMENT IS HEREBY VARIED SO THAT NO NOTICE NEED BE SERVED ON
THE RESIDENTIAL ADDRESS FROM TIME TO TIME OF THE MANAGING DIRECTOR APPOINTED
PURSUANT TO CLAUSE 9 OF THE SERVICES AGREEMENT.
3.6
IF, AFTER THE DATE OF THIS AGREEMENT, EBI OR
EBS BELIEVES THAT ANY MEMBER OF THE GAME GROUP IS INFRINGING THE PROVISIONS OF
THE LICENCE AGREEMENT AS AMENDED BY THIS CLAUSE 3, THEY WILL, BEFORE TAKING ANY
OTHER ACTION (EXCEPT FOR ISSUING A NOTICE UNDER CLAUSE 3.4.4), GIVE NOTICE OF
THE ALLEGED INFRINGEMENT TO GAME AND GIVE GAME 10 DAYS FROM RECEIPT OF THE
NOTICE IN WHICH TO INVESTIGATE AND PROCURE THE CESSATION OF ANY INFRINGING
ACTIVITY AND ONLY IF GAME FAILS TO PROCURE SUCH CESSATION WILL EBI OR EBS BE
ENTITLED TO TAKE FURTHER ACTION.
4.
PAYMENT OF EBI AND EBS LEGAL FEES
4.1
WITHIN 14 DAYS OF THE EXECUTION OF THIS
AGREEMENT GAME SHALL PAY TO EBS (OR TO ITS ORDER) THE ADDITIONAL SUM OF
US$282,322.22 (UNITED STATES DOLLARS TWO HUNDRED AND EIGHTY TWO THOUSAND THREE
HUNDRED AND 22 CENTS) WHICH, IN ADDITION TO PREVIOUS PAYMENTS THAT HAVE ALREADY
BEEN PAID BY GAME TO EBS ON ACCOUNT OF EBS'S CLAIM FOR LEGAL FEES RELATING TO
CASE NO HC02C00791, ARE IN FULL AND FINAL SETTLEMENT OF THE DISPUTE REGARDING
LEGAL FEES INCURRED BY EBI AND EBS IN CONNECTION WITH CASE NO. HC02C00791 IN THE
HIGH COURT AND COURT OF APPEAL AND GAME'S CLAIMS FOR PAYMENT OF OFFSET ITEMS
TOTALLING US$42,677.68 (UNITED STATES DOLLARS FORTY-TWO THOUSAND, SIX HUNDRED
AND SEVENTY SEVEN AND 68 CENTS).
4.2
THE PARTIES WILL TAKE ALL STEPS NECESSARY TO
NOTIFY THE COURT THAT THE ASSESSMENT OF COSTS RELATING TO CASE NO. HC02C0079 HAS
BEEN SETTLED ON TERMS THAT EACH SIDE BEARS ITS OWN COSTS IN RELATION TO THE
ASSESSMENT AND TO CAUSE IT TO BE DISCONTINUED.
5.
COVENANTS
The provisions of the Schedule shall have effect.
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6.
FULL AND FINAL SETTLEMENT
6.1
TO THE INTENT THAT THIS AGREEMENT SHALL BE
IN FULL AND FINAL SETTLEMENT, BUT WITHOUT PREJUDICE TO ANY RIGHT, OBLIGATION OR
LIABILITY THAT ARISES UNDER THIS AGREEMENT, GAME AGREES WITH EBI (EBI HOLDING
THE BENEFIT ON TRUST FOR ITSELF AND EACH RELEVANT EBI PERSON) THAT GAME HEREBY
WAIVES, RELEASES AND DISCHARGES AND WILL PROCURE THAT ALL OTHER MEMBERS OF THE
GAME GROUP WILL WAIVE, RELEASE AND DISCHARGE, ALL AND ANY CLAIMS OF ANY NATURE
AND IN RESPECT OF ANY MATTER AGAINST ONE OR MORE RELEVANT EBI PERSONS THAT HAS
OR MAY HAVE ACCRUED TO DATE, INCLUDING, FOR THE