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Exhibit 10.8
TERMINATION AGREEMENT
This TERMINATION AGREEMENT (this "Agreement") is made and entered into as
of the 10th day of January, 2000 by and between DOUBLECLICK. INC.
("DoubleClick") and XXX.XXX CORPORATION ("Xxx.Xxx").
WITNESSETH:
WHEREAS, DoubleClick's predecessor in interest, NetGravity, Inc. and
Xxx.Xxx entered into a NetGravity AdServer Services Agreement dated November 4,
1999 (the "Services Agreement"); and
WHEREAS, Xxx.Xxx has exercised its rights under the Services Agreement to
license certain Adserver technology in connection therewith DoubleClick and
Xxx.Xxx are on even date herewith entering into the DoubleClick AdServer
Network License Agreement (the "License Agreement"); and
WHEREAS, DoubleClick and Xxx.Xxx desire to terminate the Services
Agreement upon and subject to the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth below and of other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties hereto intending
legally to be bound, hereby agree as follows:
1. DoubleClick and Xxx.Xxx hereby agree that effective as of the
Installment Date (as defined in the License Agreement), the Services Agreement
shall be terminated in all respects and neither party shall have any further
obligation to the other thereunder, except that all indemnification
obligations of the parties thereunder shall survive such termination.
2. This Agreement shall be binding, subject to its terms, only upon
execution by both DoubleClick and Xxx.Xxx.
3. This Agreement is governed by the laws of the State of New York
without reference to conflicts principles. This Agreement may not be modified
except with a writing signed by the parties hereto.
IN WITNESS WHEREOF, the parities hereto have executed this Agreement as of
the date first above written.
DOUBLECLICK, INC.
By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxx
Title:
XXX.XXX CORPORATION
By: /s/ Xxxxxxx Gugielmino
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Name: Xxxxxxx Gugielmino
Title: