Common use of Alternate placements Clause in Contracts

Alternate placements. If the Featured Sites portion of this Agreement is terminated by Company, Microsoft shall serve ad requests until Company achieves the number of orders (“Lost Orders”) projected to be achieved during the time from the termination to the expiration date (“Lost Order Period”). The number of Lost Orders is quantified based upon the historical ratio of orders to ad requests [*] prior to the termination date (and is currently [*]). Dividing the number of ad requests that should have been delivered over the Lost Order Period by the number of ad requests historically necessary to achieve [*], results in the number of Lost Orders that Microsoft shall serve. For example, if the historical ratio is [*] and [*] ad requests should have been delivered over the Lost Order Period, then Microsoft would have to achieve [*] orders. The obligations of this Section 17.D shall survive termination of the Agreement. * Material has been omitted pursuant to a request for confidential treatment.

Appears in 4 contracts

Samples: Microsoft Corporation / Webtv Shopping Insertion Order (Provide Commerce Inc), Microsoft Corporation / Webtv Shopping Insertion Order (Provide Commerce Inc), Microsoft Corporation / Webtv Shopping Insertion Order (Provide Commerce Inc)

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Alternate placements. i. If the Featured Sites portion of this Agreement is terminated by Company, Microsoft shall serve ad requests until Company achieves the number of orders (“Lost Orders”) projected to be achieved during the time from the termination to the expiration date (“Lost Order Period”). The number of Lost Orders is quantified based upon the historical ratio of orders to ad requests [*] prior to the termination date (and is currently [*]). Dividing the number of ad requests that should have been delivered over the Lost Order Period by the number of ad requests historically necessary to achieve [*], results in the number of Lost Orders that Microsoft shall serve. For example, if the historical ratio is [*] and [*] ad requests should have been delivered over the Lost Order Period, then Microsoft would have to achieve [*] orders. The obligations of this Section 17.D 17.D.i shall survive termination of the Agreement. * Material has been omitted pursuant to a request for confidential treatment.

Appears in 3 contracts

Samples: Microsoft Corporation / Webtv Shopping Insertion Order (Provide Commerce Inc), Microsoft Corporation / Webtv Shopping Insertion Order (Provide Commerce Inc), Microsoft Corporation / Webtv Shopping Insertion Order (Provide Commerce Inc)

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