Common use of MAINTENANCE PRICING Clause in Contracts

MAINTENANCE PRICING. Within thirty (30) days from the end of each quarter, SUPPLIER will send payment to LUCENT equal to the percentage specified as commission associated with SUPPLIER's Maintenance Agreement sold by Lucent during the quarter. Unless otherwise specified by LUCENT, SUPPLIER shall send payment to the address stated in the "Notices" section of the Agreement. SUPPLIER's Maintenance Agreement shall be sold by LUCENT according to the following Table**: ------------------------------------------------------------------------- Term of Maintenance Agreement (years) [*] [*] [*] [*] [*] [*] Commission [*] [*] [*] [*] [*] [*] Maintenance price to End User** [*] [*] [*] [*] [*] [*] ------------------------------------------------------------------------- [*] LUCENT shall include a statement in all quotations for multiple year Maintenance Agreements which states that discounts for multi-year term Maintenance Agreements as described in the schedule above shall be available to End Users who agree to be invoiced by and pay in full to SUPPLIER the total cost of the multi-year term of the Maintenance Agreement prior to the commencement of services. Should SUPPLIER and LUCENT identify an opportunity to sell maintenance services to an End User which requires the establishment of special maintenance pricing or terms different from those stated in this Section of Exhibit B, the parties shall negotiate mutually acceptable prices, terms and commissions. [*] Certain information in this exhibit has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 94 [*] [*] ***Maintenance Pricing shall be adjusted in accordance with the provisions of Section 12 of this Agreement. For Maintenance Services on a 7x24 basis, the following shall be used in lieu of the above Maintenance fees: Term of Agreement (years) 1 2 3 4 5 6 Maintenance Price to End User [*] [*] [*] [*] [*] [*] Commission [*] [*] [*] [*] [*] [*] In the event an End User that is not under warranty or a Maintenance Agreement wishes to license Minor Releases and/or Maintenance Releases made available by SUPPLIER, such End User may license such Minor Releases and/or Maintenance Releases on a time and materials basis at the then current SUPPLIER prices for such Minor Release and/or Maintenance Releases. In the event an End User wishes to license Minor Releases and/or Maintenance Releases from LUCENT, such End User shall be able to do so. SUPPLIER and LUCENT agree to negotiate a reasonable fee to be paid to SUPPLIER by LUCENT for the license of such Minor Releases and/or Maintenance Releases. [*] Certain information in this exhibit has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 7B Revised 12/15/97 95 AMENDMENT NO. 4 TO THE SOFTWARE DISTRIBUTION AGREEMENT BETWEEN LUCENT TECHNOLOGIES INC. ("LUCENT") AND NABNASSET CORPORATION ("SUPPLIER")

MAINTENANCE PRICING. Within thirty (30) days from the end of each quarter, SUPPLIER will send payment to LUCENT equal to the percentage specified as commission associated with SUPPLIER's Maintenance Agreement Agreements sold by Lucent during the quarter. Unless otherwise specified by LUCENT, SUPPLIER shall send payment to the address stated in the "Notices" section of the Agreement. SUPPLIER's Maintenance Agreement shall be sold by LUCENT according to the following Table**: ------------------------------------------------------------------------- -------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- Term of Maintenance Agreement (years) [*] [*] [*] [*] [*] [*] ------------------------------------------------------------------------------------------- Commission [*] [*] [*] [*] [*] [*] ------------------------------------------------------------------------------------------- Maintenance price to End User** [*] [*] [*] [*] [*] [*] ------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- [*] LUCENT shall include a statement in all quotations for multiple year Maintenance Agreements which states that discounts for multi-year term Maintenance Agreements as described in the schedule above shall be available to End Users who agree to be invoiced by and pay in full to SUPPLIER the total cost of the multi-year term of the Maintenance Agreement prior to the commencement of services. Should SUPPLIER and LUCENT identify an opportunity to sell maintenance services to an End User which requires the establishment of special maintenance pricing or terms different from those stated in this Section of Exhibit B, the parties shall negotiate mutually acceptable prices, terms and commissions. [*] Certain information in this exhibit has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 94 [*] [*] Certain information in this exhibit has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 87 ***Maintenance Pricing shall be adjusted in accordance with the provisions of Section 12 of this Agreement. For Maintenance Services on a 7x24 7X 24 basis, the following surcharge percentages shall be used in lieu of added to the above Maintenance fees: ------------------------------------------------------------------------- Term of Agreement (years) 1 2 3 4 5 6 Maintenance Price to End User [*] [*] [*] [*] [*] [*] Commission Surcharge [*] [*] [*] [*] [*] [*] ------------------------------------------------------------------------- In the event an End User that is not under warranty or a Maintenance Agreement wishes to license Minor Releases and/or Maintenance Releases made available by SUPPLIER, such End User may license such Minor Releases and/or Maintenance Releases on a time and materials basis at the then current SUPPLIER prices for such Minor Release and/or Maintenance Releases. In the event an End User wishes to license Minor Releases and/or Maintenance Releases from LUCENT, such End User shall be able to do so. SUPPLIER and LUCENT agree to negotiate a reasonable fee to be paid to SUPPLIER by LUCENT for the license of such Minor Releases and/or and or Maintenance Releases. [*] Certain information in this exhibit has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 7B Revised 12/15/97 95 AMENDMENT NO. 4 TO THE SOFTWARE DISTRIBUTION AGREEMENT BETWEEN LUCENT TECHNOLOGIES INC. ("LUCENT") AND NABNASSET CORPORATION ("SUPPLIER").