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EXHIBIT 10.6.1
FIRST AMENDMENT TO MARKETING AND LICENSE AGREEMENT
This Amendment No. 1 ("this Amendment") to that certain Marketing and
License Agreement dated September 30, 1999 (the "Agreement") by and between
XXXXXXXXXXXX.XXX, INC., a Delaware corporation ("FRT") and TELESCAN, INC. a
Delaware corporation ("Telescan") is made and entered into by FRT and Telescan
and is dated and effective as of March 2, 2000.
In consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Telescan and FRT agree as follows:
1. Preliminary Statement. FRT and Telescan are parties to a
Marketing and License Agreement dated and effective September 30, 1999 (the
"Agreement") relating to, among other things, the exchange by FRT and Telescan
of certain technology licenses. FRT and Telescan have experienced a delay in
launching certain applications utilizing the licensed technology, and desire to
extend the terms of such licenses. This Amendment No. 1 sets forth certain
modifications to the Agreement to be effective as of March 2, 2000.
2. Amendments. The provisions of the Agreement are amended as
follows:
A. Section 10(d) of the Agreement (Term) is modified by revising the first
sentence thereof and adding a sentence immediately after such revision to read
in the following manner:
The initial term of this Agreement will take effect on the date hereof and
unless terminated earlier pursuant to this Agreement, will terminate on June 30,
2002 (the "Initial Term"). Notwithstanding the foregoing, the Initial Term for
Sections 3, 4, S, 6 and 8 of the Agreement will terminate on September 30, 2001.
The remainder of Section 10(d) shall remain unchanged, and references to the
Initial Term shall apply to the applicable term for the relevant section(s) of
the Agreement.
3. Effect of Amendment. This Amendment will be effective on and
after March 2, 2000. All other provisions of the Agreement will remain in full
force and effect as originally written.
FRT: Telescan:
XXXXXXXXXXXX.XXX, INC. TELESCAN, INC.
By: /s/ XXXX X. XXXX By: /s/ XXXXX X. XXXXXXXXX
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Printed Name: Xxxx X. Xxxx Printed Name: Xxxxx X. Xxxxxxxxx
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Title: PRESIDENT & CO-CEO Title: Senior V.P.
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Date: 06/07/2000 Date: 06/6/00
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