Common use of Dedicated Team Clause in Contracts

Dedicated Team. Section 3(m) of the Agreement is deleted in its entirety, and the term “Dedicated Team” in 3(b)(xii)(a)(iv) is hereby amended to mean no less than the following Digital River personnel: * software development engineers; * web developer(s) (Creative and site design); * project manager(s); * business analyst(s); and * Q&A engineer(s). In addition, the following is hereby added to the end of Section 3(b)(xii)(a)(iv) and all language in such Section contrary to the below is hereby deleted: The Dedicated Team will: (a) work solely on Symantec projects and requests at a one hundred percent (100%) utilization rate; (b) work only * per person, per week, or *, per person, per quarter (less any holidays) (“Dedicated Team Hours”); (c) not work overtime on Symantec projects and requests. Digital River will be responsible for all costs and fees related to the Dedicated Team. For the avoidance of doubt, the special discounted Consulting Rate for each member of the Dedicated Team will remain * per hour. To the extent Symantec requires work by the Dedicated Team in excess of the Dedicated Team Hours, Symantec will request such work in writing, and will pay the Consulting Rate, which is defined as * per hour in the Agreement, for all such work. Digital River will provide a weekly written report to Symantec in substantially the form it has used to report on the team’s utilization throughout 2005. *CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 1 contract

Sources: Authorized Symantec Electronic Reseller Agreement (Digital River Inc /De)

Dedicated Team. Section 3(m) of the Agreement is deleted in its entirety, and the term “Dedicated Team” in 3(b)(xii)(a)(iv) is hereby amended to mean no less than the following Digital River personnel: * software development engineers; * web developer(s) (Creative and site design); * project manager(s); * business analyst(s); and * Q&A engineer(s). In addition, the following is hereby added to the end of Section 3(b)(xii)(a)(iv) and all language in such Section contrary to the below is hereby deleted: The Dedicated Team will: (a) work solely on Symantec projects and requests at a one hundred percent (100%) utilization rate; (b) work only * per person, per week, or *, per person, per quarter (less any holidays) (“Dedicated Team Hours”); (c) not work overtime on Symantec projects and requests. Digital River will be responsible for all costs and fees related to the Dedicated Team. For the avoidance of doubt, the special discounted Consulting Rate for each member of the Dedicated Team will remain * per hour. To the extent Symantec requires work by the Dedicated Team in excess of the Dedicated Team Hours, Symantec will request such work in writing, and will pay the Consulting Rate, which is defined as * per hour in the Agreement, for all such work. Digital River will provide a weekly written report to Symantec in substantially the form it has used to report on the team’s utilization throughout 2005. *CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 1 contract

Sources: Authorized Symantec Electronic Reseller Agreement (Symantec Corp)