Estefan

MEMORANDUM **

Signature Network appeals the district court’s grant of summary judgment in favor of the Estefan defendants. Signature argues that Estefan owes them more than $400,000 for breaching their merchandising agreement. Signature argues that, at a minimum, the contract is ambiguous, so summary judgment cannot be awarded because the interpretation of an ambiguous contract is a question of fact.

We are satisfied that the contract is not ambiguous. What is central here is the meaning of the word “hereunder” in Paragraph 7 of the Amendment. The word “hereunder” refers only to the unre *655 couped advances under the Amendment, not the unrecouped advances from the Agreement. The specification of the tour beginning in 2000 in replacement section 6.3, as well as replacement section 6.4, makes it clear that it is the new tour, and not the insufficient recoupment from the old tour, that the parties were referring to in Paragraph 7.

This interpretation of the term “hereunder” in Paragraph 7 is supported by the remainder of the contract. In Paragraph 2 of the Amendment the parties “clarified” that the “unrecouped Advances paid under the Agreement shall continue to be recoupable…