Common use of Enhancements and Upgrades Clause in Contracts

Enhancements and Upgrades. Throughout the term of this Agreement, YPS will make available and provide any enhancements and upgrades to the products and services provided by YPS pursuant to this Agreement that are (i) required by the Enhancement and Upgrade Specifications attached to this Agreement as Exhibit D, or (ii) are made generally available to YPS’s customers. Upon thirty (30) days notice from YPS, Publisher will be responsible for any necessary acceptance testing of upgrades and enhancements prior to implementation by YPS. The products and services for which such enhancements and upgrades will be provided shall include, without limitation, the ListBoss Product, the PageBoss Product and the CityBoss Product, as well as the Rendering Programs. The Parties acknowledge that YPS’s listings manager software, which supports the ListBoss Product, has not been fully developed for use with the PageBoss Product and will not be offered to YPS’s customers until the summer of 2003. Until such development is completed, YPS will promptly perform any list management changes Publisher desires to make in the PageBoss Product at no additional charge to Publisher. YPS shall provide this PageBoss Product functionality enhancement to Publisher at the same time it is made available to YPS’s other customers, but in no event later than October 1, 2003. Publisher acknowledges that enhancements may not be made “retroactively” to existing online publications but would be implemented during the next issue activation online.