Common use of AMEX Clause in Contracts

AMEX. AOLB will be able to track and periodically report to Itau the number of AOLB/Itau Subscribers and Verified Members, as well as mutually agreed-to data concerning AOLB/Itau Subscribers. . For AOLB/Itau Subscribers who have not been upsold to additional Co- Branded Service hours through an AOLB price plan and use the Co- Branded Service in excess of the free hours granted by Itau, AOLB will investigate the development and implementation of an online process to notify such AOLB/Itau Subscriber via a pop-up message that will inform such AOLB/Itau Subscriber that the continued use of the Co-Branded Service will result in hourly fees and give such AOLB/Itau Subscriber the opportunity at that point to be upsold to a price plan that offers more prepaid hours. AOLB and Itau will otherwise disclose to AOLB/Itau Subscribers the charges for additional hours as appropriate and subject to technological feasiblity, and AOLB will use commercially reasonable efforts to develop such technology.