Common use of Right to Terminate for Failure to Meet Latency Requirement Clause in Contracts

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace or to provide Infospace notice of Cingular’s intent to develop a “Get Well Plan.” In the event that Cingular delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this document. Single Point of Contact Name Infospace Carrier Care Title n/a Phone *** Email *** Second Level Contact Name *** Title Manager – Production Operations Phone *** Email *** Third Level Contact Name *** Title Director – Commercial Operations Phone *** Email *** NSD National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance ***

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace Motricity or to provide Infospace Motricity notice of CingularAT&T’s intent to develop a “Get Well Plan.” In the event that Cingular AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace Motricity to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this document. Single Point of Contact Name Infospace Service Operations Center (SOC) / Carrier Care Title nN/a A Phone *** Email *** Second Level Contact Xxxxxxx Name *** Title Manager – Production Manager, Service Operations Phone *** Email *** Third Level Xxxxxxx Name *** Title Director, Commercial Operations Phone *** Email *** Contact Name *** Title Sr. Director – Commercial - Systems & Network Operations Phone *** Email *** NSD National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance *** This Maintenance Request Worksheet is be sent to: *** and ***

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace Motricity or to provide Infospace Motricity notice of CingularAT&T’s intent to develop a “Get Well Plan.” In the event that Cingular AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace Motricity to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this documentSLA. Single Point of Motricity Customer Care Contact Information Contact Name Infospace Service Operations Center (SOC) / Carrier Care Title nN/a A Phone *** Email *** Second Level Contact Xxxxxxx Name *** Title Manager – Production Manager, Service Operations Phone *** Email *** Third Level Contact Xxxxxxx Name *** Title Director – Director, Commercial Operations Phone *** Email *** NSD Xxxxxxx Name *** Title Sr. Director - Systems & Network Operations Phone *** Email *** AT&T Contact Information Mobility National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance ***

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace Motricity or to provide Infospace Motricity notice of CingularAT&T’s intent to develop a “Get Well Plan.” In the event that Cingular AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace Motricity to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this document. Motricity Customer Care Contact Information Primary Contact (Single Point of Contact) 24 X 7 Contact Name Infospace Service Operations Center (SOC) / Carrier Care Title nN/a A Phone *** Email *** Second Level Contact Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Manager – Production Manager, Service Operations Phone *** Email *** Third Level Contact Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Director – Director, Commercial Operations Phone *** Email *** Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Sr. Director - Systems & Network Operations Phone *** Email *** AT&T Contact Information NSD National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance *** This Maintenance Request Worksheet is be sent to: *** and *** 1) Title of Maintenance 2) Brief Description of Maintenance • Scope and full description • AT&T service 3) Maintenance Start Date & Time 4) Maintenance End Date & Time 5) AT&T Service Impact • Impact to AT&T internal & external customers • Explanation of Information Service unavailability 6) Information Service Impact Assessment (within the scheduled window) • Duration in minutes • Estimated start/end time of AT&T service impact 7) Risk Assessment 8) Partner Maintenance Request Number 9) Point of Contact • Name, telephone numbers 10) Maintenance Install Team 11) Update Schedule • Cancellation of Maintenance – as soon as possible • Start of Maintenance Window • Notify when Down Time begins • Notify when Information Service is restored (Down Time ends) • Notify of Problem • Maintenance runs outside window Incident Notification or Trouble Ticket (send to: ***) 1) Title of Incident 2) Brief Description of Incident • Should include scope (AT&T service impacted) 3) Start Date and Time 4) Information Service Resolution Date and Time

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace Motricity or to provide Infospace Motricity notice of CingularAT&T’s intent to develop a “Get Well Plan.” In the event that Cingular AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace Motricity to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this document. Motricity Customer Care Contact Information Primary Contact (Single Point of Contact) 24 X 7 Contact Name Infospace Service Operations Center (SOC) / Carrier Care Title nN/a A Phone *** Email *** Second Level Contact Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Manager – Production Manager, Service Operations Phone *** Email *** Third Level Contact Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Director – Director, Commercial Operations Phone *** Email *** Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Sr. Director - Systems & Network Operations Phone *** Email *** AT&T Contact Information NSD National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance *** This Maintenance Request Worksheet is be sent to: *** and *** 1) Title of Maintenance

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace Motricity or to provide Infospace Motricity notice of CingularAT&T’s intent to develop a “Get Well Plan.” In the event that Cingular AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace Motricity to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this document. Motricity Customer Care Contact Information Primary Contact (Single Point of Contact) 24 X 7 Contact Name Infospace Service Operations Center (SOC) / Carrier Care Title nN/a A Phone *** Email *** Second Level Contact Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Manager – Production Manager, Service Operations Phone *** Email *** Third Level Contact Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Director – Director, Commercial Operations Phone *** Email *** Xxxxx 0 Xxxxxxxxxx Xxxxxxx Name *** Title Sr. Director - Systems & Network Operations Phone *** Email *** AT&T Contact Information NSD National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance *** This Maintenance Request Worksheet is be sent to: *** and *** 1) Title of Maintenance 2) Brief Description of Maintenance • Scope and full description • AT&T service 3) Maintenance Start Date & Time 4) Maintenance End Date & Time 5) AT&T Service Impact • Impact to AT&T internal & external customers • Explanation of Information Service unavailability 6) Information Service Impact Assessment (within the scheduled window) • Duration in minutes • Estimated start/end time of AT&T service impact 7) Risk Assessment 8) Partner Maintenance Request Number 9) Point of Contact • Name, telephone numbers 10) Maintenance Install Team 11) Update Schedule • Cancellation of Maintenance – as soon as possible • Start of Maintenance Window • Notify when Down Time begins • Notify when Information Service is restored (Down Time ends) • Notify of Problem • Maintenance runs outside window Incident Notification or Trouble Ticket (send to: ***) 1) Title of Incident

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace Motricity or to provide Infospace Motricity notice of CingularAT&T’s intent to develop a “Get Well Plan.” In the event that Cingular AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace Motricity to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this documentSLA. Single Point of Motricity Customer Care Contact Information Contact Name Infospace Service Operations Center (SOC) / Carrier Care Title nN/a A Phone *** Email *** Second Level Contact Xxxxxxx Name *** Title Manager – Production Manager, Service Operations Phone *** Email *** Third Level Contact Xxxxxxx Name *** Title Director – Director, Commercial Operations Phone *** Email *** NSD Xxxxxxx Name *** Title Sr. Director - Systems & Network Operations Phone *** Email *** AT&T Contact Information Mobility National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance *** This Maintenance Request Worksheet is be sent to: *** and *** 1) Title of Maintenance 2) Brief Description of Maintenance • Scope and full description • AT&T service 3) Maintenance Start Date & Time 4) Maintenance End Date & Time 5) AT&T Service Impact • Impact to AT&T internal & external customers • Explanation of Information Service unavailability 6) Information Service Impact Assessment (within the scheduled window) • Duration in minutes • Estimated start/end time of AT&T service impact 7) Risk Assessment 8) Partner Maintenance Request Number 9) Point of Contact • Name, telephone numbers 10) Maintenance Install Team 11) Update Schedule • Cancellation of Maintenance – as soon as possible • Start of Maintenance Window • Notify when Down Time begins • Notify when Information Service is restored (Down Time ends) • Notify of Problem • Maintenance runs outside window Incident Notification or Trouble Ticket (send to: *** 1) Title of Incident 2) Brief Description of Incident • Should include scope (AT&T service impacted) 3) Start Date and Time 4) Information Service Resolution Date and Time

Right to Terminate for Failure to Meet Latency Requirement. In the event that the latency requirement described in Section 3.2 is not met for the Service Areas listed in Section 8.3 above in any three calendar months within any four month period, then, at the end of any such third failed month, Cingular AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Infospace Motricity or to provide Infospace Motricity notice of CingularAT&T’s intent to develop a “Get Well Plan.” In the event that Cingular AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Infospace Motricity to remedy the applicable performance failures and meet the service latency target set forth in Section 3.2. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence. Both parties are responsible for ensuring that the contact information is updated and exchanged when circumstances warrant. This information will not be updated and kept current as part of this SLA, but will need to be maintained separately by the two parties outside of this document. Single Point of Contact Name Infospace Service Operations Center (SOC) / Carrier Care Title nN/a A Phone *** Email *** Second Level Contact Xxxxxxx Name *** Title Manager – Production Manager, Service Operations Phone *** Email *** Third Level Xxxxxxx Name *** Title Director, Commercial Operations Phone *** Email *** Contact Name *** Title Sr. Director – Commercial - Systems & Network Operations Phone *** Email *** NSD National Operations Center 24 x 7 x 365 Incident Management and Emergency Maintenance *** MMS External Partner Ops 8:00 am – 5:00 pm PT Monday – Friday Incident Root Cause Analysis, Change Management, Performance Reports and Tier 2 Support *** Change Management 8:00 am – 5:00 pm PT Monday – Friday Maintenance Notification – all maintenance ***