REIMBURSEMENT FOR AD SERVING SERVICES. In addition to the fees for Ad Serving Services provided for in Section 6.2 above, AOL shall reimburse the following costs incurred by IMGIS in the provision of Ad Serving Services requested by AOL for the purposes set forth in Section 6.1 above, and, at AOL's option, shall provide financing to IMGIS for such costs on mutually agreeable terms, but in any event on terms no less favorable to IMGIS than such terms as are commercially available to entities similarly situated to IMGIS: (a) Reimbursement for IMGIS' incremental costs for any modification of the IMGIS AdForce System required to meet AOL's needs for the provision of Ad Serving Services (other than capitalized costs, which if financed at the time such costs are incurred, shall be reimbursed at the time such costs are amortized), excluding any modifications required to scale the Software or other Technology to meet AOL's needs; (b) Reimbursement for IMGIS' incremental costs for any additional equipment that IMGIS must purchase or lease solely to meet AOL's needs for the provision of Ad Serving Services for so long as necessary to meet AOL's needs (and, if AOL provides financing for such equipment, then, at AOL's option, AOL may become the lessor of such equipment to IMGIS), unless AOL determines, in its sole discretion, to lease such equipment on its own; and (c) Reimbursement for any additional incremental bandwidth costs incurred by IMGIS solely in connection with the provision of Ad Serving Services to AOL.
Appears in 2 contracts
Samples: License Agreement (Adforce Inc), License Agreement (Adforce Inc)
REIMBURSEMENT FOR AD SERVING SERVICES. In addition to the fees for Ad Serving Services provided for in Section 6.2 above, AOL NETSCAPE shall reimburse the following costs incurred by IMGIS ADFORCE in the provision of Ad Serving Services requested by AOL NETSCAPE for the purposes set forth in Section 6.1 above, and, at AOL's NETSCAPE'S option, NETSCAPE shall provide financing to IMGIS for such costs on mutually agreeable terms, but in any event on terms no less favorable to IMGIS than such terms as are commercially available to entities similarly situated to IMGIS:situated.
(a) Reimbursement for IMGIS' ADFORCE's incremental costs for any modification of the IMGIS AdForce System required to meet AOLNETSCAPE's needs for the provision of Ad Serving Services (other than capitalized costs, which if financed at the time such costs are incurred, shall be reimbursed at the time such costs are amortized), excluding any modifications required to scale the Software or other Technology to meet AOLNETSCAPE's needs;
(b) Reimbursement for IMGIS' ADFORCE'S incremental costs for any additional equipment that IMGIS ADFORCE must purchase or lease solely to meet AOLNETSCAPE's needs for the provision of Ad Serving Services for so long as necessary to meet AOLNETSCAPE's needs (and, if AOL provides financing for such equipment, then, at AOL's option, AOL may become the lessor of such equipment to IMGIS), unless AOL determines, in its sole discretion, to lease such equipment on its ownneeds; and
(c) Reimbursement for any additional incremental bandwidth bandwith costs incurred by IMGIS ADFORCE solely in connection with the provision of Ad Serving Services to AOLNETSCAPE.
Appears in 2 contracts
Samples: License Agreement (Adforce Inc), License Agreement (Adforce Inc)