The parties also currently contemplate the development and commercial release od Destiny Game #1 for the PS3 in the Fall of 2014, subject to the parties hereto conducting a joint technical feasibility analysis that reasonabily establishes to the parties' mutual satistaction that Destiny Game #1 is able to be developed for the PS3 at quality and feature parity to the Xbox 360 version of Destiny Game #1.
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however, that in the event the parties hereto agree that a PS3 version of Destiny Game #1 is not feasible, any costs of the technical feasibility analysis in excess of $2M shallbe excluded from the overall Project Accounting.
The parties shall seek to conclude technical diligence on whether to devel Destiny Game #1 for the PS3 by no later than January 31, 2001, to ascentain the commercial desirability of the PS3 SKU, taking into consideration the then prevailing information regarding expected market conditions and console transitions.
The baseline framework for analyzing the SKU plan of the Products is attached hereto as Exhibit F. Licensor agrees that it shall not willfully take any actions (or make any omissions) in its development of the Xbox 360 version of Destiny Game #1 to hinder or undermine the ability to also develop Destiny Game #1 for the PS3, in no event shall Licensor be required to simultaneously ship Destiny Game #1 for the Xbox 360 and PS3 in the Fall of 2013.