Exhibit 10.06
CALIBER LEARNING NETWORK, INC.
PROGRAM DEVELOPMENT AGREEMENT
THIS PROGRAM DEVELOPMENT AGREEMENT ("Agreement") is dated as of this
2nd day of February, 1998 (the "Effective Date") and is by and between CALIBER
LEARNING NETWORK, INC. ("Caliber"), a Maryland corporation, with its principal
place of business at 0000 Xxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx 00000, and
MACMILLAN COMPUTER PUBLISHING USA ("MCP"), a division of Simon & Xxxxxxxx, Inc.,
with its principal place of business at 000 Xxxx 000xx Xxxxxx, Xxxxxxxxxxxx, XX
00000.
RECITALS:
1. MCP is a publishing firm and provider of educational products to the
computer industry principally through its Que, XXXX, New Riders and Xxxxx Group
Press imprints.
2. Caliber is developing a network of nationwide facilities and a
distance learning infrastructure that will enable it to provide educational,
training and other distance learning services.
3. Caliber and MCP desire to jointly develop and distribute training
courses for distribution in a distance learning format.
TERMS AND CONDITIONS
In consideration of the mutual covenants and conditions set forth in
this Agreement and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Caliber and MCP agree as follows:
1. TERM AND RENEWAL.
----------------
1.1 This Agreement commences with the Effective Date and will
continue for three (3) years from the Effective Date (the "Expiration Date"),
unless terminated earlier as provided in Section 7 ("Termination").
2. PREFERRED PARTNER.
-----------------
2.1 In consideration of the minimum commitments set forth in
section 6.2 and so long as MCP complies in all material respects with all the
terms and conditions of this Agreement, Caliber will consider MCP a Preferred
Partner and shall not *
---------------------
* Text omitted pursuant to a request for confidential treatment and filed
separately with the Securities and Exchange Commission.
-1-
