Common use of Service Offering Clause in Contracts

Service Offering. MP will include in the MP Areas substantially similar Services and other Content (including, without limitation, any features, offers, contests, functionality or technology) that are then made available by or on behalf of MP through any Additional MP Channel, except to the extent any such Services or other Content are (i) subject to exclusive, proprietary or other preferential obligations in favor of third parties and such obligations cannot be reasonably duplicated for ICQ or for which generally comparable benefits for ICQ Users cannot be provided for ICQ, or (ii) are otherwise prohibited from inclusion in the MP Areas pursuant to this Agreement; provided, however, that (i) such inclusion will not be required where it is commercially or technically impractical to either Party (i.e., inclusion would cause either Party to incur substantial incremental costs or cause a breach of another agreement); and (ii) the specific changes in scope, nature and/or offerings required by such inclusion will be subject to the terms of this Agreement.

Appears in 5 contracts

Samples: Confidential Interactive Marketing Agreement (Varsitybooks Com Inc), Confidential Interactive Marketing Agreement (Varsitybooks Com Inc), Confidential Interactive Marketing Agreement (Varsitybooks Com Inc)

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