Common use of TECHNOLOGY DEVELOPMENT AND MAINTENANCE Clause in Contracts

TECHNOLOGY DEVELOPMENT AND MAINTENANCE. Starwave shall be responsible for the technology development and maintenance relating to the News Products in accordance with the Service Agreement. It is the present intention of the parties that the preponderance of the technology development and maintenance relating to the News Products shall be performed by Starwave. The General Manager, in accordance with the Restated Initial Business Plan or Annual Business Plans, may acquire or license additional or substitute Technology (i) on an incidental and nonmaterial basis, (ii) if Starwave is in breach of its material obligations under its agreements with the Partnership, (iii) if the costs to the Partnership of acquiring or licensing Technology from a third party are significantly less than the costs to the Partnership of acquiring or licensing such or similar Technology from Starwave and such third-party Technology from Starwave and such third-party Technology is fully scaleable and compatible with other Technology used for the News Product and otherwise appropriate for its intended uses, or (iv) if Starwave otherwise agrees. In addition, the General Manager, in accordance with the Restated Initial Business Plan or Annual Business Plans may acquire or license additional or substitute Technology if, in the General Manager's reasonable opinion, the inability to so acquire or license such Technology would have a material impact on the overall quality and competitive position of the News Products. In such event, Starwave shall have a three (3) day period to meet with the General Manager to attempt to resolve the issues. If the issues have not been resolved in the three (3) day period, the General Manager shall be entitled to present the issues to the Partners for resolution based upon the mutual agreement of the Partners. During the Term, such technology development and maintenance (or portions thereof) may become a responsibility of the Partnership or the Partners collectively, upon the mutual agreement of the Partners.

TECHNOLOGY DEVELOPMENT AND MAINTENANCE. Starwave shall be responsible for the technology development and maintenance relating to the News Products in accordance with Sports Products, at a nominal xxxx-up to actual costs and on most-favored-nations terms as those provided to any third party (i.e., having substantially similar service requirements), to the Service Agreementextent commercially reasonable. All such services shall be performed by Starwave at the highest quality levels Starwave performs services for any third party (i.e., having substantially similar service requirements) and at a nominal xxxx-up to Costs on a cost-effective basis and on most-favored nations terms as those provided to any similarly situated third party (i.e., having substantially similar service requirements). It is the present intention of the parties that the preponderance of the technology development and maintenance relating to the News Sports Products shall be performed by Starwave. The General ManagerManager (as defined in the Partnership Agreement), in accordance with the Restated Initial Business Plan or Annual Business Plans, may acquire or license additional or substitute Technology (i) on an incidental and nonmaterial basis, (ii) if Starwave is in breach of its material obligations under its agreements with the Partnership, (iii) if the costs to the Partnership Costs of acquiring or licensing Technology from a third party are significantly less than the costs Costs to the Partnership of acquiring or licensing such or similar Technology from Starwave and such third-third party Technology from Starwave and such third-party Technology is fully scaleable and compatible with other Technology used for the News Sports Product and otherwise appropriate for its intended uses, (iii) or (iv) if Starwave otherwise agreesagreed and otherwise appropriate for use in the Sports Products. In addition, the General Manager, in accordance with the Restated Initial Business Plan or Annual Business Plans may acquire or license additional or substitute Technology if, in the General Manager's reasonable opinion, the inability to so acquire or license such Technology would have a material impact on the overall quality and competitive position of the News Sports Products. In such event, Starwave shall have a three (3) day period to meet with the General Manager to attempt to resolve the issues. If the issues have not been resolved in the three (3) day period, the General Manager shall be entitled to present the issues to the Partners for resolution based upon the mutual agreement of the Partners. During the Term, such technology development and maintenance (or portions a portion thereof) may become a responsibility of the Partnership or the Partners collectively, upon the mutual agreement of the Partnersparties.