Common use of Content Promotion Location Clause in Contracts

Content Promotion Location. (a) Within the term of this Agreement, SINA shall provide the Content Promotion Location set forth in Schedule E of this Agreement (“Content Promotion Location”) to SINA Agent for the purposes provided under Section 4.03(b) in this Agreement. (b) Leju shall, and shall cause SINA Agent to, examine and censor any content published on any Content Promotion Location. Similarly, SINA shall have the right to examine and censor any content published by SINA Agent on any Content Promotion Location. Leju shall, and shall cause SINA Agent to, remove any offending content including, but not limited to, any illegal materials, pornographic, obscene or sexually explicit materials, materials of a violent nature, or politically sensitive materials, as soon as possible after it becomes aware of such offending content but in no event later than the timeframe prescribed by the Governmental Authority after receipt of oral or written notice from SINA or such Governmental Authority. Any SINA Agent’s failure to comply with this Section 4.02(b) shall be deemed a material breach of this Agreement by Leju. Without limiting the foregoing obligations, Leju acknowledges that SINA shall have the right to remove such offending content from the Content Promotion Location. (c) In the event SINA receives notice from any Governmental Authority that the Content Promotion Location contain any offending Content where (i) the basis or nature of such offense has not previously been identified by any Governmental Authority as offensive or inappropriate and (ii) SINA Agent has not also received notice from such Governmental Authority, SINA shall promptly notify Leju of SINA’s receipt thereof. Leju shall, and shall cause SINA Agent to, then use best efforts to remove such content as soon as possible in accordance with the instructions of such Governmental Authority. Notwithstanding the foregoing or anything in Section 8.02 to the contrary, in the event SINA fails to notify Leju of SINA’s receipt of such notice from a Governmental Authority, such that SINA Agent does not have sufficient time to remove such offending content, SINA Agent shall not be liable for any fines or penalties imposed by a Governmental Authority in connection with such offending content.

Content Promotion Location. (h). (a) Within the term of this Agreement, SINA shall provide the Content Promotion Location set forth in Schedule E of this Agreement (“Content Promotion Location”) to SINA Agent for the purposes provided under Section 4.03(b) in this Agreement. (b) Leju shall, and shall cause SINA Agent to, examine and censor any content published on any Content Promotion Location. Similarly, SINA shall have the right to examine and censor any content published by SINA Agent on any Content Promotion Location. Leju shall, and shall cause SINA Agent to, remove any offending content including, but not limited to, any illegal materials, pornographic, obscene or sexually explicit materials, materials of a violent nature, or politically sensitive materials, as soon as possible after it becomes aware of such offending content but in no event later than the timeframe prescribed by the Governmental Authority after receipt of oral or written notice from SINA or such Governmental Authority. Any SINA Agent’s failure to comply with this Section 4.02(b) shall be deemed a material breach of this Agreement by Leju. Without limiting the foregoing obligations, Leju acknowledges that SINA shall have the right to remove such offending content from the Content Promotion Location. (c) In the event SINA receives notice from any Governmental Authority that the Content Promotion Location contain any offending Content where (i) the basis or nature of such offense has not previously been identified by any Governmental Authority as offensive or inappropriate and (ii) SINA Agent has not also received notice from such Governmental Authority, SINA shall promptly notify Leju of SINA’s receipt thereof. Leju shall, and shall cause SINA Agent to, then use best efforts to remove such content as soon as possible in accordance with the instructions of such Governmental Authority. Notwithstanding the foregoing or anything in Section 8.02 to the contrary, in the event SINA fails to notify Leju of SINA’s receipt of such notice from a Governmental Authority, such that SINA Agent does not have sufficient time to remove such offending content, SINA Agent shall not be liable for any fines or penalties imposed by a Governmental Authority in connection with such offending content.