Common use of Amendment to Marketing Agreement Clause in Contracts

Amendment to Marketing Agreement. Effective as of immediately after the closing of the Mortgage Business Sale, the Marketing Agreement is hereby amended to (a) add as a private label solution for the Sotheby’s International Realty brand the name “Domain Mortgage” and (b) provide the manner in which the parties shall market and promote such brand name. As part of their marketing efforts, the Brands (as defined in the Marketing Agreement) and PMC shall mutually agree upon placement of Coldwell Banker Mortgage, Century 21 Mortgage and future mortgage brand contact information and materials on the Brand websites, which placement shall be no less favorable than front page placement similar to the placement of the ERA Mortgage contact information and materials on the “EXX.xxx” website. Effective immediately after the closing of the Mortgage Business Sale, Exhibit 2 of the Marketing Agreement is hereby amended to provide that the Monthly Marketing Fee (as defined in the Marketing Agreement) (a) shall be increased to $166,667.00 for each full calendar month remaining in 2007 from and after the closing date of the Mortgage Business Sale (and, if such closing occurs on the first day of a month, including the month in which the closing occurs), it being understood and agreed that, unless the closing date of the Mortgage Business Sale occurs on the first day of a month, then the Monthly Marketing Fee payable by PMC in respect of the month in which the closing date occurs also shall be increased to $166,667.00 on a pro-rated basis for that portion of the month following the closing date, based upon the number of days remaining in such month following the closing date, and (b) shall remain $166,667.00 for 2008 and for each year thereafter throughout the term of the Marketing Agreement (for a total annual marketing fee of $2.0 million ).

Amendment to Marketing Agreement. Effective as of immediately after the closing of the Mortgage Business Sale, the Marketing Agreement is hereby amended to (a) add as a private label solution for the Sotheby’s International Realty brand the name “Domain Mortgage” and (b) provide the manner in which the parties shall market and promote such brand name. As part of their marketing efforts, the Brands (as defined in the Marketing Agreement) and PMC shall mutually agree upon placement of Coldwell Banker Mortgage, Century 21 Mortgage and future mortgage brand contact information and materials on the Brand websites, which placement shall be no less favorable than front page placement similar to the placement of the ERA Mortgage contact information and materials on the “EXX.xxxXXX.xxx” website. Effective immediately after the closing of the Mortgage Business Sale, Exhibit 2 of the Marketing Agreement is hereby amended to provide that the Monthly Marketing Fee (as defined in the Marketing Agreement) (a) shall be increased to $166,667.00 for each full calendar month remaining in 2007 from and after the closing date of the Mortgage Business Sale (and, if such closing occurs on the first day of a month, including the month in which the closing occurs), it being understood and agreed that, unless the closing date of the Mortgage Business Sale occurs on the first day of a month, then the Monthly Marketing Fee payable by PMC in respect of the month in which the closing date occurs also shall be increased to $166,667.00 on a pro-rated basis for that portion of the month following the closing date, based upon the number of days remaining in such month following the closing date, and (b) shall remain $166,667.00 for 2008 and for each year thereafter throughout the term of the Marketing Agreement (for a total annual marketing fee of $2.0 million million).

Amendment to Marketing Agreement. Effective as of immediately after the closing of the Mortgage Business Sale, the Marketing Agreement is hereby amended to (a) add as a private label solution for the Sotheby’s International Realty brand the name “Domain Mortgage” and (b) provide the manner in which the parties shall market and promote such brand name. As part of their marketing efforts, the Brands (as defined in the Marketing Agreement) and PMC shall mutually agree upon placement of Coldwell Banker Mortgage, Century 21 Mortgage and future mortgage brand contact information and materials on the Brand websites, which placement shall be no less favorable than front page placement similar to the placement of the ERA Mortgage contact information and materials on the “EXX.xxx” website. Effective immediately after the closing of the Mortgage Business Sale, Exhibit 2 of the Marketing Agreement is hereby amended to provide that the Monthly Marketing Fee (as defined in the Marketing Agreement) (a) shall be increased to $166,667.00 [***] for each full calendar month remaining in 2007 from and after the closing date of the Mortgage Business Sale (and, if such closing occurs on the first day of a month, including the month in which the closing occurs), it being understood and agreed that, unless the closing date of the Mortgage Business Sale occurs on the first day of a month, then the Monthly Marketing Fee payable by PMC in respect of the month in which the closing date occurs also shall be increased to $166,667.00 [***] on a pro-rated basis for that portion of the month following the closing date, based upon the number of days remaining in such month following the closing date, and (b) shall remain $166,667.00 [***] for 2008 and for each year thereafter throughout the term of the Marketing Agreement (for a total annual marketing fee of $2.0 million [***]).