Interactive CDs Sample Clauses

Interactive CDs i. Paragraph 1 of the Distribution Agreement is hereby amended by the insertion of a new subparagraph (l), as follows:
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Interactive CDs. During the Term of this Agreement, Company shall have the option ('CD Option') to include within its license hereunder all the Interactive CDs which Company shall first make available for sale or rental in retail outlets in the Territory at anytime during the Term following the exercise by Company of the CD Option. Company may exercise the CD Option by sending Distributor written notice to that effect (the, 'CD Option Notice') at any time during the Term. With respect to each Interactive CD embodying Company Product, Company shall also inform Distributor in writing whether or not Company chooses to have Distributor perform technical support services for that particular title. Upon delivery of the CD Option Notice, if ever, Distributor shall, as soon as reasonably practicable, undertake to perform (i) all distribution services reasonably required to support Distributor's sales operations in the Territory on behalf and for the account of Company, including each and every service specifically described in Paragraph 2 hereof which can be reasonably performed with regards to Interactive CDs, and, at Company's choosing with respect to any particular Interactive CD embodying Company Product, (ii) all technical support services by such methods or manners (e.g., via toll-free telephone, on-line services or otherwise) which Company reasonably requires Distributor to make available to the purchasers (end users) of any such Interactive CD; provided that Distributor shall not be required to perform any technical support services by any method or manner which it does not then offer to provide to any third parties for whom Distributor distributes Interactive CDs (other than an Affiliate of Distributor (as the term "Affiliate" is defined in Rule 1-02 of Regulation S-X under the Securities Act of 1933, as amended)). Notwithstanding anything contained herein to the contrary, the right to distribute Interactive CDs embodying Company Product for Home Use by means of transmissions over the Internet, on-line services, telecommunications, coaxial or fiber-optic cable, or similar means of delivery, or for any purpose other than Home Use, is expressly reserved to Company.
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