Common use of Changes and Modification Clause in Contracts

Changes and Modification. 10.1 With regards to Included Opera Desktop Browsers and those Opera Desktop Browsers which form part of the Existing Install Base, Opera shall where technically possible make changes to the user interface of the default search box within thirty (30) days of the Effective Date to comply with the mock-up in Exhibit A (part c). Opera shall not implement such changes into live use until Google has provided written confirmation of its approval of such changes (such approval to be at Google’s absolute discretion and which may be by email). Google shall provide its written confirmation or rejection within fourteen (14) days from Opera’s request. Failure to notify shall not constitute approval by Google. In the event that the changes are not approved by Google, Opera shall, within fourteen (14) days of notice from Google that the changes are not approved, make further changes to achieve compliance with Exhibit A (part c) and the process in this clause 10.1 of this Schedule One shall again apply. 10.2 In respect of: (a) any new browser that Opera plans to release during the Term which, if released, would be an Included Opera Browser; and (b) any proposed Material Change to an Included Opera Browser or any browser which forms part of the Existing Install Base during the Term (save those changes approved pursuant to clause 10.1 of this Schedule One above), Opera will: (i) notify Google of this in writing (including by email) at least thirty (30) days’ prior to the expected launch of such new browser or Material Change and submit a mock up and any other relevant details of the proposed new browser or Material Change for approval by Google; and (ii) not implement the proposed Material Change or launch the new browser into live use (as applicable) until Google has provided written confirmation of its approval of such new browser or Material Change (such approval not to be unreasonably withheld and which may be by email) at least fourteen (14) days before the expected launch of such new browser or Material Change, provided that failure to notify shall not constitute approval by Google. Any new mock-ups agreed shall be treated as forming part of Exhibit A and/ or Exhibit B (where applicable, replacing any relevant old mock-ups). 10.3 If at any time during the Term, Opera would like to add additional Search Access Point(s) on any Included Opera Browser or any browser which forms part of the Existing Install Base beyond those listed in Exhibit A and/ or Exhibit B, Opera shall notify Google and the parties shall work together in good faith for the purpose of determining the feasibility of implementing such new Search Access Point. Opera shall not add any new Search Access Point(s) to any Included Opera Browsers or any browsers which form part of the Existing Install Base beyond those listed in Exhibit A and/ or Exhibit B, unless the parties execute a written amendment to this Agreement which permits the same. 10.4 Opera shall ensure that any proposed changes to the user interface for the g of any Search Access Point comply with the requirements at clause 9 of this Schedule One.