Common use of Fixed placement Clause in Contracts

Fixed placement. Notwithstanding any provision of the Agreement or this Amendment to the contrary: (a) The Impressions set forth on Exhibit A which are designated on such Exhibit As Product Page Impressions shall be permanent placements on the new car product pages (the "Product Pages") and shall not be subject to replacement by AOL as otherwise permitted under Section 1.1 of the Agreement; provided that this **Confidential treatment has been requested with respect to certain information contained in this document. Confidential portions have been omitted from the public filing and have been filed separately with the Securities and Exchange Commission. provision shall have no affect on AOL's right to redesign any part of the AOL Network. Accordingly, AOL shall be required to deliver without substitution during any contract year the number of Impressions set forth on Exhibit A (the "Minimum Delivery Number"). Notwithstanding the attainment of the Minimum Delivery Number, until MP shall deliver the notice required under Section L.3(c) below, AOL shall continue the placements designated on Exhibit A as "Product Page Impressions" as a permanent placement; provided that notwithstanding the foregoing, MP agrees and acknowledges that the [ ** ] Product Page Impressions shall not be permanent. The number of Product Page Impressions delivered in any contract year in excess of the Minimum Delivery Number shall be referred to herein as the "Product Page Impressions Overdelivery Amount". As used herein, a contract year of this agreement shall be the period between the Amendment Date and the first anniversary date of the Amendment and successive twelve month periods during the Term. L.3(b) Prior to the date which is [ ** ] days after AOL's receipt of a Permanent Placement Termination Notice, MP shall be required to pay AOL on the next Payment Date as additional consideration an amount equal to (x)(i) the Product Page Impressions Overdelivery Amount delivered between such Payment Date and the immediately preceding Payment Date, divided by (ii) one thousand, multiplied by (y) [ ** ].

Fixed placement. Notwithstanding any provision of the ----------------- Agreement or this Amendment to the contrary: (a) The Impressions set forth on Exhibit A which are designated on such Exhibit As exhibit as Product Page Impressions shall be permanent placements on the new car product pages (the "Product Pages") and shall not be subject to replacement by AOL as otherwise permitted under Section 1.1 of the Agreement; provided that this **Confidential treatment has been requested with respect to certain information contained in this document. Confidential portions have been omitted from the public filing and have been filed separately with the Securities and Exchange Commission. provision shall have no affect on AOL's right to redesign any part of the AOL Network. Accordingly, AOL shall be required to deliver without substitution during any contract year the number of Impressions set forth on Exhibit A (the "Minimum Delivery Number"). Notwithstanding the attainment of the Minimum Delivery Number, until MP shall deliver the notice required under Section L.3(c) below, AOL shall continue the placements designated on Exhibit A as "Product Page Impressions" as a permanent placement; provided that notwithstanding the foregoing, MP agrees and acknowledges that the [ ** ] Product Page Impressions shall not be permanent. The number of Product Page Impressions delivered in any contract year in excess of the Minimum Delivery Number shall be referred to herein as the "Product Page Impressions Overdelivery Amount". As used herein, a contract year of this agreement shall be the period between the Amendment Date and the first anniversary date of the Amendment and successive twelve month periods during the Term. L.3(b) Prior to the date which is [ ** ] days after AOL's receipt of a Permanent Placement Termination Notice, MP shall be required to pay AOL on the next Payment Date as additional consideration an amount equal to (x)(i) the Product Page Impressions Overdelivery Amount delivered between such Payment Date and the immediately preceding Payment Date, divided by (ii) one thousand, multiplied by (y) [ ** ].