Common use of Opportunity Cost Clause in Contracts

Opportunity Cost. All Advertising placed by Compaq shall normally be subject to existing Advertising placements made by DoubleClick. In the unusual event that (i) DoubleClick is required by Compaq to cancel any Advertising campaign sold by DoubleClick on behalf of Compaq to avoid a conflict with an advertising agreement entered into by Compaq and (ii) no alternative Advertising programs acceptable to Advertiser are available through DoubleClick, Compaq shall remit to DoubleClick the sales commission to which DoubleClick would have been entitled had the campaign run its full course, by the dates such payments would have been due hereunder assuming the cancelled Advertising had been paid when due and Compaq shall be solely responsible for any compensation due to the Advertiser whose Advertising campaign has been cancelled. However, the foregoing provision shall not apply to Advertising that Compaq has identified to DoubleClick in good faith in advance in a written notice as being unavailable, if DoubleClick nonetheless sells such Advertising after its receipt of such notice; it being understood that in this instance only, DoubleClick shall be solely responsible for any compensation due to the Advertiser whose Advertising campaign has been cancelled.

Opportunity Cost. All Advertising placed by Compaq AltaVista and DoubleClick ---------------- shall normally be subject to pre-existing Advertising placements made by DoubleClicksales of the other party. "Pre-existing Advertising" shall be determined based solely on the date the Advertising sale is entered into the System; provided, however, that the parties shall discuss giving alternative priority to Advertising sales where to do so would be in the best interests of both parties. In the unusual event that (i) DoubleClick is required by Compaq AltaVista to cancel any Advertising campaign sold by DoubleClick on behalf of Compaq AltaVista to avoid a conflict with an advertising agreement entered into by Compaq AltaVista and (ii) no alternative Advertising programs acceptable to Advertiser are available through DoubleClick, Compaq AltaVista shall (i) remit to DoubleClick the sales commission to which DoubleClick would have been entitled had the campaign run its full course, by the dates such payments would have been due hereunder hereunder, assuming the cancelled Advertising had been paid when due and Compaq due, (ii) AltaVista shall be solely responsible for any compensation due to the Advertiser whose Advertising campaign has been cancelled. Howevercancelled and (iii) AltaVista shall indemnify DoubleClick against any other loss, the foregoing provision shall not apply to Advertising that Compaq has identified to DoubleClick in good faith in advance in a written notice as being unavailable, if DoubleClick nonetheless sells such Advertising after its receipt damages or claims of such notice; it being understood that in this instance only, DoubleClick shall be solely responsible for any compensation due to the Advertiser whose Advertising campaign has been cancelledagainst DoubleClick that relate solely to such cancellation.