Common use of Impressions Clause in Contracts

Impressions. During the Term, AOL will deliver the following Impressions commitments through the Promotions (or any comparable promotions as provided in Section 1.1 hereof) during the following monthly periods (each a "Period"): [*] by the end of the [*] month of the Term, [*] Impressions from the [*] month to the end of [*] of the Term, and [*] month to the end of the [*] month of the Term (which Impressions, together with the Impressions delivered to MP pursuant to Section 1.3 hereof, as adjusted from time to time in accordance with Section 1.3, are hereinafter referred to as the "Impressions Commitment"). With respect to the Impressions Commitment, AOL will not be obligated to provide more than such target amounts, individually or in the aggregate, in any given Period. Any shortfall in Impressions at the end of a Period will not be deemed a breach of this Agreement by AOL; instead, such shortfall will be added to the Impressions target for the subsequent Period. In the event that as of the Mutual Review Date, AOL shall not have provided a minimum of [*] through the Promotions and the Additional Promotions (the "Impressions Minimum"), AOL shall have a reasonable time, not to exceed [*] within which to deliver the Impressions Minimum. If AOL shall not have delivered the Impressions Minimum within such [*] MP shall have the right for fifteen (15) days to terminate this Agreement upon no less than fifteen (15) days written notice to AOL, and within thirty (30) days after such termination, [*] required pursuant to Section 4.1 hereof (the "Guaranteed Payments") [*] *CERTAIN CONFIDENTIAL INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 2 [*]. If there is a shortfall in Impressions as of the end of the Initial Term (a "Final Shortfall"), AOL shall have the option to (i) extend the initial Term (the "Extension Period") until the earlier of (a) such time as AOL shall have delivered the number of Impressions which comprise the Final Shortfall (the "Makegood Impressions") or (b) six (6) months from the end of the Initial Term; provided that, in the event that AOL shall not have delivered the Makegood Impressions by the end of the Extension Period, [*]. During the Extension Period, AOL shall maintain the exclusivity provisions of Section 3.1 hereof.

Impressions. During the Initial Term, AOL will deliver the following Impressions commitments through the Promotions (or any comparable promotions as provided in Section 1.1 hereof) during the following monthly periods (each a "Period"): total of [*] by the end of the [*] month of the Term, [*XXX XXXXXXX XXXXX XXXXX XXXXX XXXXX XXXXXXX XXXXXX XXXXXXXXX] Impressions from the [*] month to the end of [*] of the Term, and [*] month to the end of the [*] month of the Term (which Impressions, together with the Impressions delivered to MP pursuant to Section 1.3 hereof, as adjusted from time to time in accordance with Section 1.3, are hereinafter referred to as the "Impressions Commitment")) through the Promotions. With respect to the Impressions Commitment, AOL will not be obligated to provide more than such target amounts, individually or in amounts during the aggregate, in any given Period. Any shortfall in Impressions at the end of a Period will not be deemed a breach of this Agreement by AOL; instead, such shortfall will be added to the Impressions target for the subsequent PeriodTerm. In the event that as of the Mutual Review Date, end of the seventh month of the Term AOL shall not have provided a minimum of [*XXXXX XXXXXX XXXXXXXXXXXX] Impressions through the Promotions and the Additional Promotions (the "Impressions Minimum"), AOL shall have a reasonable time, not to exceed [*] sixty (60) days, within which to deliver the Impressions Minimum. If AOL shall not have delivered the Impressions Minimum within such [*] MP shall have the right for fifteen sixty (1560) days to terminate this Agreement upon no less than fifteen (15) days written notice to AOLdays, and within thirty (30) days after such terminationas its sole remedy, [*] required pursuant to Section 4.1 hereof (the "Guaranteed Payments") [*] *CERTAIN CONFIDENTIAL INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 2 [*XXXXX XXXXXX XXXXXXXXXXXX]. If there is a shortfall in Impressions as of the end of the Initial Term (a "Final Shortfall"), AOL shall have the option elect to either (i) extend provide MP with advertising placements out of excess inventory on the initial Term (AOL Network which have a total value, based on AOL's then-current advertising rate card, equal to the "Extension Period") until the earlier value of (a) such time as AOL shall have delivered the number of Impressions which comprise the Final Shortfall (determined by multiplying the "Makegood Impressions"percentage of Impressions that were not delivered by the total, guaranteed payment provided for below) or (bii) six (6) months from continue to provide MP with certain Promotions designated by AOL in its sole and absolute discretion until the end Impressions Commitment is fulfilled. If at any time during the Term MP shall not be in compliance with the provisions of this Agreement, and as a result of such non- compliance AOL is unable to provide the Initial Term; provided thatImpressions required hereunder during such period of non-compliance, in the event that then AOL shall have the right to reduce the Impressions Commitment, on a pro-rata basis, for such period of non-compliance (e.g., if MP has not have delivered complied with the Makegood Impressions by the end provisions of the Extension Periodthis Agreement for a period of two months, [*]. During the Extension Period, then AOL shall maintain reduce the exclusivity provisions Impressions Commitment by an amount equal to the product of Section 3.1 hereoftwo (2) times [xxxxxxxxxxx] divided by fourteen (14)).