I assume these aren't in Gearbox's deal with SEGA:
Licensor shall be responsible for and agrees to diligently perform the following, subject to review by Activision . . .
(a) the complete development and production of the Products. . . .
(b) the payment of any and all development costs. . . . such development shall include:
(i) develop the Products to AAA status/quality (or equivalent);*
(ii) creating or implementing all computer code for the Products;
(iii) creating all visual and audio assets for the Products, including, as applicable, all game design aspects, art direction and creation, character development, script writing, screen graphics, character development, animation, in-game cut scenes, movies and cinematics, sound design, sound recording, sound effects, music composition, music production, music recording, voice talent, motion capture, video production, sound recording and effects, and ambient music creation, production and recording
8.3 Except with respect to its obligations related to Halo: Reach . . . one hundred percent (100%) of Licensor’s studio/development personnel shall be exclusively dedicated to working on the Products during the Development Term (the “Exclusive Period”); provided, however, subject to the further restrictions set forth in Sections 8.4 and 8.5
14.1.4 All Development Advances paid by Activision to Licensor hereunder shall be utilized by Licensor solely to fund the costs of creation and development of the Products and otherwise cover day-to-day overhead and operational expenses that are reasonably necessary and related to the _ creation and development of the Products (e.g., office lease, computers; employee salaries, etc.), but excluding any built-in profit margin.
*How do you determine AAA status/quality? Does Moody's or Standard & Poor's determine this rating? Obviously, this is an attempt to express an obligation incapable of being clearly defined--to make a great game, but I don't see how this obligation is enforceable, unlike specific conditions or milestones.