Common use of RATES AND DEPLOYMENT Clause in Contracts

RATES AND DEPLOYMENT. 4.1 Affiliate agrees to provide Wink "enhanced broadcasting" as part of its advanced analog offering to its subscribers in the St. Paul, Xxnnesota Operating Area (the Launch Market) within 90 days of completing the acquisition of the St. Paul, XX system. Affiliate also agrees to deploy Wink within 90 days of launching either advanced analog or digital converters in Los Angeles, CA operating area. 4.2 Effective at launch in St. Paul, Xxfiliate agrees to remit a license fee payment of [ * ] for the Launch Market until the Launch Market has [ * ] or for a period of one year; whichever comes first. [ * ] of this Agreement, whichever comes first, Wink's pricing of [ * ] will then be the introductory pricing for all Affiliate Operating Areas that chose to launch Wink Services during the term of this Agreement, including the Launch Market. Affiliate agrees to supply all server hardware required for deployment as listed in Attachment C of the Agreement. 4.3 Effective with deployment in Los Angeles, Affiliate agrees to pay Wink at a rate of [ * ] per Wink subscriber per month until 30,000 Wink subscribers are reached. During this time, Affiliate will not share in transaction revenue. When [ * ] are reached, Affiliate will pay Wink [ * ] and will share in transaction revenue. 4.4 Billing System Conversion fees charged to the affiliate by CableData for supporting Winks Services will be the sole responsibility of Wink and will be paid by Wink throughout the term of this Agreement. 4.5 During the term of this Agreement, Charter commits to make available, in cable systems deploying Wink's Enhance Broadcasting, three (3) lines of VBI in the Programmers Video Signal (Channel) for Wink's Enhanced Broadcast data transportation. Charter retains ownership of all ---------------------- * Confidential treatment has been requested with respect to certain portions of this exhibit pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed with the Commission. 4.6 Wink agrees to revenue share with Affiliate, its fees, on all Wink generated purchase and request transactions by Affiliates' Wink Subscribers for the term of this Agreement. Wink will pay Affiliate per Schedule A of this Agreement for all fees collected by Wink for transactions by Charter Subscribers. 4.7 For purposes of this Agreement, the term "Wink Subscriber" shall mean each Affiliate residential customer and commercial or business establishment receiving the Wink Service and receiving and separately paying for Charter's cable television service.

RATES AND DEPLOYMENT. 4.1 Affiliate agrees to provide Wink "enhanced broadcasting" as part of its advanced analog and digital offering to its subscribers in the St. Paul, Xxnnesota Chicago Operating Area (Areas [the Launch Market) within 90 days of completing the acquisition of the St. PaulMarket(s)] by June, XX system. Affiliate also agrees to deploy Wink within 90 days of launching either advanced analog or digital converters in Los Angeles, CA operating area1998. 4.2 Effective at launch in St. Paullaunch, Xxfiliate Affiliate agrees to remit a license fee payment per Operating Area of [ * [*] for the Launch Market until Market(s). Affiliate is granted the option to utilize the Local Ad Software and additional Virtual Channels as specified (Step-Up-Schedule C). Affiliate agrees that beginning in Year 3, Affiliate will remit to the Wink Standard Package pricing of [*] for the remainder of the term of the Agreement to Wink. The Standard Package includes Local Ad Software and additional Virtual Channels. 4.3 Affiliate has up to six (6) months after deployment in the Launch Market has [ * ] or for a period of one year; whichever comes first. [ * ] of this Agreement, whichever comes first, Wink's pricing of [ * ] will then be the introductory pricing for all Market(s) to deploy Wink Software in other Affiliate Operating Areas that chose have Wink capable set top boxes per Charter pricing in 4.2. 4.4 Affiliate commits to launch Wink distribute to its digital and advanced analog subscribers "enhanced broadcasting" delivered from National Broadcasters and National Cable Programming Services during (hereinafter collectively referred to as "Programmers") in the term VBI of this Agreement, including the Launch MarketProgrammers Video Signal. Affiliate agrees to supply all keep the appropriate headend and server hardware required equipment in good working order for deployment an uninterrupted carriage of "enhanced broadcasting". If Affiliate experiences problems with the "enhanced broadcasting" delivery system, Affiliate will use its reasonable efforts to restore "enhanced broadcasting" service as listed in Attachment C soon as possible. Affiliate agrees not to charge Programmer for carriage or use of VBI associated with delivery of "enhanced broadcasting" for the term of the Agreement. 4.3 Effective with deployment in Los Angeles, Affiliate agrees to pay Wink at a rate of [ * ] per Wink subscriber per month until 30,000 Wink subscribers are reached. During this time, Affiliate will not share in transaction revenue. When [ * ] are reached, Affiliate will pay Wink [ * ] and will share in transaction revenue. 4.4 Billing System Conversion fees charged to the affiliate by CableData for supporting Winks Services will be the sole responsibility of Wink and will be paid by Wink throughout the term of this Agreement. 4.5 During the term of this Agreement, Charter commits to make available, in cable systems deploying Wink's Enhance Broadcasting, three (3) lines of VBI in the Programmers Video Signal (Channel) for Wink's Enhanced Broadcast data transportation. Charter retains ownership of all ---------------------- * Confidential treatment has been requested with respect to certain portions of this exhibit pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed with the Commission. 4.6 Wink agrees to revenue share Revenue Share with Affiliate, its fees, on all Wink generated advertising purchase and request transactions by Affiliates' Wink Subscribers for the term of this Agreement. Wink will pay Affiliate per the attached Schedule A A. ---------------------- *Confidential treatment has been requested with respect to certain portions of this Agreement exhibit pursuant to a request for all fees collected by Wink for transactions by Charter Subscriberstreatment filed with the Securities and Exchange Commission. Omitted portions have been filed with the Commission. 4.7 4.6 For purposes of this Agreement, the term "Wink Subscriber" shall mean each Affiliate residential customer and commercial or business establishment receiving the Wink Service and receiving and separately paying for Charter's cable television serviceservice with a digital or advanced analog box in all Affiliate Operating Areas.

RATES AND DEPLOYMENT. 4.1 Affiliate agrees to provide Wink "enhanced broadcasting" as part of its advanced analog offering to its subscribers in the St. PaulKingsport, Xxnnesota Tennessee Operating Area Areas (the Launch Market) within 90 days of completing the acquisition of the St. Paulby May 1, XX system. Affiliate also agrees to deploy Wink within 90 days of launching either advanced analog or digital converters in Los Angeles, CA operating area1998. 4.2 (a) Effective at launch in St. Paullaunch, Xxfiliate Affiliate agrees to remit a license fee payment of [ * ] ]* for the Launch Market until during the Launch Market has [ * ] or for a period first eighteen months of one year; whichever comes first. [ * ] the Term of this Agreement, whichever comes first, Wink's pricing of [ * ] will then be the introductory pricing for all Affiliate Operating Areas that chose to launch Wink Services during the term of this Agreement, including the Launch Market. Affiliate agrees to supply all server hardware required for deployment as listed in Attachment C of the Agreement. 4.3 Effective with deployment in Los Angeles, Affiliate agrees to pay Wink at a rate of [ * ] per Wink subscriber per month until 30,000 Wink subscribers are reached. During this time, Affiliate will not share in transaction revenue. When [ * ] are reached, Affiliate will pay Wink [ * ] and will share in transaction revenue. 4.4 Billing System Conversion fees charged to the affiliate by CableData for supporting Winks Services will be the sole responsibility of Wink and will be paid by Wink throughout the term of this Agreement. 4.5 During the term of this Agreement, Charter commits to make available, in cable systems deploying Wink's Enhance Broadcasting, three (3) lines of VBI in the Programmers Video Signal (Channel) for Wink's Enhanced Broadcast data transportation. Charter retains ownership of all ---------------------- ------------------------- * Confidential treatment has been requested with respect to certain portions of this exhibit pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed with the Commission. Proprietary and Confidential (b) Thereafter, Affiliate agrees to remit a license fee payment of [ * ] for the Launch Market. Wink will negotiate the procurement of engine software from NextLevel Systems for all CFT-2200 set-top boxes acquired prior to January 1, 1998, at no charge to Affiliate. Affiliate will provide all server hardware needed for deployment, subject to the terms set forth in Section 2.2 of this Agreement. 4.6 4.3 Affiliate may evaluate the possibility of the delivery of "enhanced broadcasting" to all of Affiliate's cable systems in the continental United States that have advanced analog or digital cable set-top boxes. Affiliate has up to seven (7) months after deployment in the Launch Market to deploy Wink Software in other Affiliate markets that have Wink capable set-top boxes and retain pricing per Section 4.2(b), and may deploy Wink Software in such other Affiliate markets according to the rates and under the terms and conditions set forth in this Agreement upon written notice to Wink at any time during such seven (7) month period. 4.4 Affiliate commits to distribute to its digital and advanced analog subscribers within the Operating Areas, "enhanced broadcasting" delivered from National Broadcasters and National Cable Programming Services (hereinafter collectively referred to as "Programmers") in the VBI of the Programmers Video Signal. Affiliate agrees to keep the appropriate headend and server equipment in good working order to facilitate uninterrupted carriage of "enhanced broadcasting". If Affiliate experiences problems with the "enhanced broadcasting" delivery system, Affiliate shall restore "enhanced broadcasting" service as soon as possible. Affiliate agrees not to charge Programmer for carriage of Wink's "enhanced broadcasting" on the VBI or for use of the VBI in connection with the delivery of Wink's "enhanced broadcasting" for the term of the Agreement. Affiliate does not and shall not relinquish any of its proprietary rights in the use of, control over, or ownership of the VBI. 4.5 Wink agrees to revenue share Share Revenue with Affiliate, its fees, on based upon the amount of revenue received by Wink as a result of all Wink generated purchase and request transactions by Affiliates' Wink Affiliate's Subscribers in Operating Areas offering Wink's "enhanced broadcasting" for the term of this Agreement. Wink will pay Affiliate per at rates specified in Schedule A of this Agreement for all fees collected by Wink for transactions by Charter SubscribersAgreement. 4.7 4.6 For purposes of this Agreement, the term "Wink Subscriber" shall mean each Affiliate residential customer and commercial or business establishment receiving the Wink Service and receiving and separately paying for Chartergablx xxxevision service with a digital or advanced analog box in all of Affiliate's cable television serviceOperating Areas.