Code Development. Within ninety (90) days of the Effective Date, ---------------- Jutvision will develop and implement code of a high grade, nature and quality for Active X capability in displaying the Jutvision Images (the "Active X Player").. In the event that Microsoft determines that the Active X Player does not function in accordance with Microsoft's reasonable standards, Microsoft may provide Jutvision with a written notice specifying all defects in the Active X Player. Jutvision will have thirty (30) days to cure any such defects, and Microsoft will cooperate with and assist Jutvision in curing such defects during such cure period. If, by the end of such cure period, the parties have not developed a cure reasonably acceptable to Microsoft, Microsoft may develop its own player. Notwithstanding anything to the contrary in this Agreement, if Jutvision has created an Active X Player in accordance with the requirements of this Section 2.4, Microsoft may require Jutvision to provide the Active X Player or the Jutvision for Java Software player with Jutvision Images accessed by users of the HomeAdvisor Site, and to users of Private Label Versions permitted under Section 4.1(b) (provided in each case, that Jutvision (x) will not be obligated to provide a player that is not supported by the user's browser and (y) if Microsoft requests that the Active X Player be provided, but the user has turned off Active X functionality, Jutvision may deliver the Jutvision for Java Software player rather than the Active X Player). If Jutvision has not created an Active X Player in accordance with the requirements of this Section 2.4, Microsoft may require Jutvision to provide the Jutvision for Java Software player or no player-- in the same circumstances contemplated by the foregoing sentence until Jutvision has developed an Active X player which meets Microsoft's reasonable standards.
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Sources: Distribution Agreement (Bamboo Com Inc), Distribution Agreement (Bamboo Com Inc)
Code Development. Within ninety (90) days of the Effective Date, ---------------- Jutvision will develop and implement code of a high grade, nature and quality for Active X capability [*] in displaying the Jutvision Images (the "Active X Player").. [*]. In the event that Microsoft determines that the Active X Player [*] does not function in accordance with Microsoft's reasonable standards, Microsoft may provide Jutvision with a written notice specifying all defects in the Active X Player[*]. Jutvision will have thirty (30) days to cure any such defects, and Microsoft will cooperate with and assist Jutvision in curing such defects during such cure period. If, by the end of such cure period, the parties have not developed a cure reasonably acceptable to Microsoft, Microsoft may develop its own player[*]. Notwithstanding anything to the contrary in this Agreement, if Jutvision has created an Active X Player [*] in accordance with the requirements of this Section 2.4, Microsoft may require Jutvision to provide the Active X Player [*] or the Jutvision for Java Software player with Jutvision Images accessed by users of the HomeAdvisor Site, and to users of Private Label Versions permitted under Section 4.1(b) (provided in each case, that Jutvision (x) will not be obligated to provide a player that is not supported by the user's browser and (y) if Microsoft requests that the Active X Player [*] be provided, but the user has turned off Active X functionality[*], Jutvision may deliver the Jutvision for Java Software player rather than the Active X Player[*]). If Jutvision has not created an Active X Player [*] in accordance with the requirements of this Section 2.4, Microsoft may require Jutvision to provide the Jutvision for Java Software player or no player-- in the same circumstances contemplated by the foregoing sentence until Jutvision has developed an Active X player [*] which meets Microsoft's reasonable standards. _________________ /*/Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
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