Common use of Image Capturing, Processing and Posting Clause in Contracts

Image Capturing, Processing and Posting. The parties will work --------------------------------------- together to implement a system whereby Jutvision will be capable of posting Jutvision Images to the GTE Database. The parties will also work together on file naming formats and scripts that will attach the Jutvision Images to the appropriate listings on the GTE Database, including a method to indicate the originating GTE Customer. Jutvision and GTE agree to set March 1, 1999 as a target for the Initial Posting Date. However, in no event will the Initial Posting Date occur later than May 1, 1999. If, despite the parties' reasonable commercial efforts, the Initial Posting Date occurs after May 1, 1999, then, notwithstanding Section 4.1(a), Transaction Fees on all Annual Initial Orders (as defined below) will be calculated solely in accordance with Section 4.1(b) for the twelve (12) month period commencing on the Initial Posting Date and will not be calculated in accordance with Section 4.1(a) for such period. The parties understand and agree that (i) Jutvision will not attempt to post any Jutvision Images to the GTE Database prior to the Initial Posting Date and (ii) no penalty or breach of the terms of this Agreement will result from GTE's failure to begin receiving postings of Jutvision Images on the Initial Posting Date. GTE will provide Jutvision with written notice of the actual Initial Posting Date, which Jutvision will promptly confirm in a reply written notice sent to GTE. Jutvision will have sole responsibility for, and will bear all costs associated with, capturing images at designated sites through its Service Provider Network, processing captured images to create Jutvision Images and posting Jutvision Images to the GTE Database. GTE will permit such postings and will work with Jutvision to maintain the ability of the GTE Database to receive such postings throughout the Term. Jutvision will use commercially reasonable efforts to process and post each Jutvision Image on behalf of all Brokers within four (4) business days after capture of the images, in each case to the extent Jutvision has the right to do so, provided that such posting is not delayed by factors attributable to GTE or Brokers. In addition, Jutvision will use commercially reasonable efforts to make a member of its Service Provider Network available to capture Jutvision Images of a Property within forty-eight (48) hours of receiving an order for Production Services from a Broker.

Appears in 2 contracts

Samples: Distribution Agreement (Bamboo Com Inc), Distribution Agreement (Bamboo Com Inc)

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Image Capturing, Processing and Posting. The parties will work --------------------------------------- together to implement a system whereby Jutvision will be capable of posting Jutvision Images to the GTE Database. The parties will also work together on file naming formats and scripts that will attach the Jutvision Images to the appropriate listings on the GTE Database, including a method to indicate the originating GTE Customer. Jutvision and GTE agree to set March 1, 1999 as a target for the Initial Posting Date. However, in no event will the Initial Posting Date occur later than May 1, 1999. If, despite the parties' reasonable commercial efforts, the Initial Posting Date occurs after May 1, 1999, then, notwithstanding Section 4.1(a), Transaction Fees on all Annual Initial Orders (as defined belowa) will be calculated solely in accordance with Section 4.1(b) for the twelve (12) month period commencing on the Initial Posting Date and will not be calculated in accordance with Section 4.1(a) for such period. The parties understand and agree that (i) Jutvision will not attempt to post any Jutvision Images to the GTE Database prior to the Initial Posting Date and (ii) no penalty or breach of the terms of this Agreement will result from GTE's failure to begin receiving postings of Jutvision Images on the Initial Posting Date. GTE will provide Jutvision with written notice of the actual Initial Posting Date, which Jutvision will promptly confirm in a reply written notice sent to GTE. Jutvision will have sole responsibility for, and will bear all costs associated with, capturing images at designated sites through its Service Provider Network, Network and processing captured images to create Jutvision Images. Company will permit posting of Jutvision Images to the Company Sites, and the parties will use best efforts to work together to expeditiously implement, and maintain throughout the term of this Agreement, a system whereby Jutvision will be capable of posting Jutvision Images to the GTE DatabaseCompany Sites. GTE Company will permit such postings be responsible for maintaining quality Jutvision Images posted to the Company Sites. (b) Jutvision will use commercially reasonable efforts to have a member of its Service Provider Network available to capture Jutvision Images within three (3) business days after Jutvision has received an order from a Sales Agent in the following areas: 30 miles by road east and will work with Jutvision west of Highway I- 5 from the Canadian border to maintain Olympia including Kitsap Pennisula; Spokane within a 30 mile radius; TriCities (WA) within a 30 mile radius; Vancouver (WA) within a 30 mile radius; Portland within a 30 mile radius; Salem within a 30 mile radius; Xxxxxx/Springfield within a 30 mile radius; and Boise (ID) within a 30 mile radius ("Core Service Areas"). Notwithstanding any other provisions of this Agreement, in the ability event that within any of the GTE Database Core Service Areas a Jutvision Service Provider member is not available to receive capture Jutvision Images, within three (3) business days after order receipt, twenty-five (25%) or more of the time within a given month due to no fault of Company or Sales Agents, then, subject to a thirty (30) day cure period, Company may enter into an agreement with a third party for service comparable to the Production Services in such postings throughout Core Service Area without being in breach of this Agreement. In cities outside the Term. Core Service Areas in Washington and Oregon, Jutvision will use commercially reasonable efforts to have a member of its Service Provider Network available within ten (10) business days when a community has at least four (4) orders for Jutvision Production Services to be captured at one time. (c) Jutvision will use commercially reasonable efforts to process and post each Jutvision Image on behalf of all Brokers Sales Agents within four (4) business days after capture of the images, in each case to the extent such Jutvision has the right to do soImage, provided that such posting is not delayed by factors attributable to GTE Company or BrokersSales Agents. In additionNotwithstanding any other provisions of this Agreement, Jutvision will use commercially reasonable efforts to make in the event that within a member given city, within a given month twenty-five percent (25%) or more of its Service Provider Network available to capture the Jutvision Images are posted to the Company Sites more than five (5) business days after capture due to no fault of Company or Sales Agents, then, subject to a Property within forty-eight thirty (4830) hours of receiving day cure period, Company may enter into an order agreement with a third party for services comparable to the Production Services from a Brokerin that city without being in breach of this Agreement.

Appears in 2 contracts

Samples: Distribution Agreement (Bamboo Com Inc), Distribution Agreement (Bamboo Com Inc)

Image Capturing, Processing and Posting. The parties will work --------------------------------------- together to implement a system whereby Jutvision will be capable of posting Jutvision Images to the GTE Database. The parties will also work together on file naming formats and scripts that will attach the Jutvision Images to the appropriate listings on the GTE Database, including a method to indicate the originating GTE Customer. Jutvision and GTE agree to set March 1, 1999 as a target for the Initial Posting Date. However, in no event will the Initial Posting Date occur later than May 1, 1999. If, despite the parties' reasonable commercial efforts, the Initial Posting Date occurs after May 1, 1999, then, notwithstanding Section 4.1(a), Transaction Fees on all Annual Initial Orders (as defined below) will be calculated solely in accordance with Section 4.1(b) for the twelve (12) month period commencing on the Initial Posting Date and will not be calculated in accordance with Section 4.1(a) for such period. The parties understand and agree that (i) Jutvision will not attempt to post any Jutvision Images to the GTE Database prior to the Initial Posting Date and (ii) no penalty or breach of the terms of this Agreement will result from GTE's failure to begin receiving postings of Jutvision Images on the Initial Posting Date. GTE will provide Jutvision with written notice of the actual Initial Posting Date, which Jutvision will promptly confirm in a reply written notice sent to GTE. Jutvision will have sole --------------------------------------- responsibility for, and will bear all costs associated with, capturing images at designated sites through its Service Provider NetworkResidential Properties, processing captured images to create Jutvision Images and posting Jutvision Images to the GTE Database. GTE will permit such postings and will work with Jutvision to maintain the ability of the GTE Database to receive such postings throughout the TermRealSelect Sites. Jutvision will use commercially reasonable efforts to process and post each Jutvision Image on behalf of all Brokers RealSelect Customers within four (4) business days after capture of the images, in each case to the extent Jutvision has the right to do so, provided that such posting is not delayed by factors attributable to GTE RealSelect. Notwithstanding any other provisions of this Agreement, (i) in the event that within a given Major Metropolitan Area (as defined in Section 2.6(a) of this Agreement) within a given month twenty-five percent (25%) or Brokersmore of the Jutvision Images are posted to the RealSelect Sites more than five (5) business days after capture due to no fault of RealSelect, then, subject to a forty-five (45) day cure period, RealSelect may enter into an [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. agreement on a non-exclusive basis for services comparable to the Production Services in such Major Metropolitan Area with a third party without being in breach of this Agreement and (ii) if Jutvision Images are not posted within seven (7) days after the captures of the Jutvision orders, provided that posting is not delayed by factors attributable to RealSelect, then the RealSelect Customer will not be charged. In addition, Jutvision will use commercially reasonable efforts to make a member of its Service Provider Network available have enough customer support to capture Jutvision Images of a Property within forty-eight (48) hours of receiving an order take all orders for Production Services from RealSelect Customers at the time of that RealSelect Customer's first attempt to place such an order. Jutvision will provide a Brokergood faith report within fifteen (15) days of the end of each month listing the number of orders for each Major Metropolitan Area and the number of Jutvision Image orders posted to a RealSelect Site more than five (5) business days after capture.

Appears in 2 contracts

Samples: Joint Services Agreement (Bamboo Com Inc), Joint Services Agreement (Bamboo Com Inc)

Image Capturing, Processing and Posting. The parties will work --------------------------------------- together to implement a system whereby Jutvision will be capable of posting Jutvision Images to the GTE Database. The parties will also work together on file naming formats and scripts that will attach the Jutvision Images to the appropriate listings on the GTE Database, including a method to indicate the originating GTE Customer. Jutvision and GTE agree to set March 1, 1999 as a target for the Initial Posting Date. However, in no event will the Initial Posting Date occur later than May 1, 1999. If, despite the parties' reasonable commercial efforts, the Initial Posting Date occurs after May 1, 1999, then, notwithstanding Section 4.1(a), Transaction Fees on all Annual Initial Orders (as defined belowa) will be calculated solely in accordance with Section 4.1(b) for the twelve (12) month period commencing on the Initial Posting Date and will not be calculated in accordance with Section 4.1(a) for such period. The parties understand and agree that (i) Jutvision will not attempt to post any Jutvision Images to the GTE Database prior to the Initial Posting Date and (ii) no penalty or breach of the terms of this Agreement will result from GTE's failure to begin receiving postings of Jutvision Images on the Initial Posting Date. GTE will provide Jutvision with written notice of the actual Initial Posting Date, which Jutvision will promptly confirm in a reply written notice sent to GTE. Jutvision will have sole responsibility for, and will bear all costs associated with, capturing images at designated sites through its Service Provider Network, Network and processing captured images to create Jutvision Images. Company will permit posting of Jutvision Images to the Company Sites, and the parties will use best efforts to work together to expeditiously implement, and maintain throughout the term of this Agreement, a system whereby Jutvision will be capable of posting Jutvision Images to the GTE DatabaseCompany Sites. GTE Company will permit such postings be responsible for maintaining quality Jutvision Images posted to the Company Sites. (b) Jutvision will use commercially reasonable efforts to have a member of its Service Provider Network available to capture Jutvision Images [*] after Jutvision has received an order from a Sales Agent in the [*]: 30 miles by road east and will work with Jutvision west of [*] from the Canadian border to maintain Olympia including Kitsap Peninsula; [*] within a 30 mile radius; [*] within a 30 mile radius; [*] within a 30 mile radius; [*] within a 30 mile radius; [*] within a 30 mile radius; [*] within a 30 mile radius; and [*] within a 30 mile radius ("Core Service Areas"). Notwithstanding any other provisions of this Agreement, in the ability event that within any of the GTE Database Core Service Areas a Jutvision Service Provider member [*] after order receipt, [*] due to receive no fault of Company or Sales Agents, then, [*] Company may [*] to the Production Services in such postings throughout Core Service Area without being in breach of this Agreement in cities outside the Term. Core Service Areas in Washington and Oregon, Jutvision will use commercially reasonable efforts to have a member of its Service Provider Network available [*] when a community has at least four (4) orders for Jutvision Production Services to be captured at one time. (c) Jutvision will use commercially reasonable efforts to process and post each Jutvision Image on behalf of all Brokers within four (4) business days Sales Agents [*] after capture of the images, in each case to the extent such Jutvision has the right to do soImage, provided that such posting is not delayed by factors attributable to GTE Company or BrokersSales Agents. In additionNotwithstanding any other provisions of this Agreement, in the event that within a given city, [*] the Jutvision will use commercially reasonable efforts images are posted to make a member the Company Sites [*] due to no fault of its Service Provider Network available Company or Sales Agents, then, [*] Company may [*] to capture Jutvision Images of a Property within forty-eight (48) hours of receiving an order for the Production Services from a Brokerin that city without being in breach of this Agreement.

Appears in 1 contract

Samples: Distribution Agreement (Bamboo Com Inc)

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Image Capturing, Processing and Posting. The parties will work --------------------------------------- together to implement a system whereby Jutvision will be capable of posting Jutvision Images to the GTE Database. The parties will also work together on file naming formats and scripts that will attach the Jutvision Images to the appropriate listings on the GTE Database, including a method to indicate the originating GTE Customer. Jutvision and GTE agree to set March 1, 1999 as a target for the Initial Posting Date. However, in no event will the Initial Posting Date occur later than May 1, 1999. If, despite the parties' reasonable commercial efforts, the Initial Posting Date occurs after May 1, 1999, then, notwithstanding Section 4.1(a), Transaction Fees on all Annual Initial Orders (as defined below) will be calculated solely in accordance with Section 4.1(b) for the twelve (12) month period commencing on the Initial Posting Date and will not be calculated in accordance with Section 4.1(a) for such period. The parties understand and agree that (i) Jutvision will not attempt to post any Jutvision Images to the GTE Database prior to the Initial Posting Date and (ii) no penalty or breach of the terms of this Agreement will result from GTE's failure to begin receiving postings of Jutvision Images on the Initial Posting Date. GTE will provide Jutvision with written notice of the actual Initial Posting Date, which Jutvision will promptly confirm in a reply written notice sent to GTE. Jutvision will have sole --------------------------------------- responsibility for, and will bear all costs associated with, capturing images at designated sites through its Service Provider NetworkResidential Properties, _____________ /*/Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. processing captured images to create Jutvision Images and posting Jutvision Images to the GTE Database. GTE will permit such postings and will work with Jutvision to maintain the ability of the GTE Database to receive such postings throughout the TermRealSelect Sites. Jutvision will use commercially reasonable efforts to process and post each Jutvision Image on behalf of all Brokers within four (4) business days RealSelect Customers [*] after capture of the images, in each case to the extent Jutvision has the right to do so, provided that such posting is not delayed by factors attributable to GTE RealSelect. Notwithstanding any other provisions of this Agreement, (i) in the event that within a given Major Metropolitan Area (as defined in Section 2.6(a) of this Agreement) within a given month [*] or Brokersmore of the Jutvision Images are posted to the RealSelect Sites more than [*] after capture due to no fault of RealSelect, then, subject to a [*], RealSelect may [*] and (ii) if Jutvision Images are not posted [*] after the captures of the Jutvision orders, provided that posting is not delayed by factors attributable to RealSelect, then the RealSelect Customer will not be charged. In addition, Jutvision will use commercially reasonable efforts to make a member of its Service Provider Network available have enough customer support to capture Jutvision Images of a Property within forty-eight (48) hours of receiving an order take all orders for Production Services from RealSelect Customers at the time of that RealSelect Customer's first attempt to place such an order. Jutvision will provide a Brokergood faith report [*] days of the end of each month listing the number of orders for each Major Metropolitan Area and the number of Jutvision Image orders posted to a RealSelect Site [*] after capture.

Appears in 1 contract

Samples: Joint Services Agreement (Bamboo Com Inc)

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