Common use of IMPRESSIONS TARGET Clause in Contracts

IMPRESSIONS TARGET. AOL shall provide ICP with at least [*] Impressions from placement of an ICP Presence on the AOL Network as set forth in Exhibit A-1 (the "Impressions Target"), provided that only ICP Presences that contain a link to the Customized Site or Customized Programming will count against the Impressions Target. AOL will make commercially reasonable efforts to distribute the Impressions evenly during the Term. ICP shall receive at least (a) [*] Impressions annually on the Scoreboards Screens, (b) [*] banner ad Impressions annually on the Sub-Scoreboards Screens on Saturdays and Sundays during the active seasons of the sports relating to such scoreboards, and (c) at least [*] Impressions annually from run of sports banner ad placements. In the event AOL provides an excess of any annual Impressions target in any year, the Impressions target for the subsequent year shall be reduced by the amount of such excess up to [*]. Any shortfall in any of the foregoing Impressions targets at the end of a year will not be deemed a breach of this Agreement by AOL; instead such shortfall will be added to the Impressions targets for the subsequent year. In the event that the any of the forgoing Impressions target is not met (or will not, in AOL's reasonable judgment, be met) during the Term, then as ICP's sole remedy, AOL may either (a) extend the Term for up to six (6) months without additional carriage fees payable by ICP, (b) provide ICP with the remaining Impressions in the form of advertising space within the AOL Network of comparable value to the undelivered Impressions (as reasonably determined by AOL) from time to time, or (c) some combination thereof. If AOL chooses option (a) and is unable to meet any of the Impressions target, AOL shall be required to provide the undelivered Impressions within three (3) months as provided for in (b) above. If AOL is unable to deliver Impressions as set forth in the preceding sentence, AOL shall make a [*] refund of ICP [*] payments made to AOL [*].

IMPRESSIONS TARGET. AOL shall provide ICP with at least [***] Impressions during the Initial Term from placement of an ICP Presence Presences on the AOL Network Network, as set forth in on Exhibit A-1 attached hereto (the "Impressions Target"), provided that (i) only ICP Presences screens that contain a link to any portion of the Customized Site or Customized Programming Service will count against the Impressions Target. AOL will make commercially reasonable efforts Target and (ii) to distribute the Impressions evenly during the Term. ICP shall receive at least (a) extent technically feasible using AOL's then-current ad serving and measurement systems, only [***] Impressions annually on the Scoreboards Screens, (b) shall be [***] banner ad Impressions annually on the Sub-Scoreboards Screens on Saturdays and Sundays during the active seasons of the sports relating to such scoreboards, and (c) at least [*] Impressions annually from run of sports banner ad placements. In the event AOL provides an excess of any annual Impressions target in any year, the Impressions target for the subsequent year shall be reduced by the amount of such excess up to [**]. Any shortfall in any of the foregoing Impressions targets at the end of a year will not be deemed a breach of this Agreement by AOL; instead such shortfall will be added to the Impressions targets for the subsequent year. In the event that the any of the forgoing Impressions target Target is not met (or will not, in AOL's [***] reasonable judgment, be met) during the Term, then as ICP's sole remedyAOL shall not be deemed in breach of this Agreement, AOL may provided, that, in [***] either (a) extend the Initial Term shall be extended for up to six (6) months without additional carriage fees (as contemplated in Section 4.1) payable by ICPICP until the Impressions Target is met, and/or (b) AOL shall, within the following six months, provide ICP with the remaining Impressions in the form of advertising space within the AOL Network of comparable value to the undelivered Impressions (as reasonably determined by AOLthe parties) from time to time, or (c) some combination thereof. If AOL chooses option ; provided, however, that if [***] elected to proceed under clause (a) above and the Impressions Target is unable to meet any not satisfied at the end of the Impressions targetsix month period referred to in such clause (a), AOL's obligations under such clause (a) shall cease and AOL shall be required to provide the undelivered remaining Impressions within three (3) months as provided for in under clause (b) abovewithin the following six month period, and provided, further, that ICP may, at its option, elect to forego such additional Impressions, in which case AOL's obligations under this Section 1.3 shall be deemed satisfied. If AOL is unable shall have the right to deliver provide such additional Impressions as set forth toward the Impressions Target from time to time during the Initial Term in the preceding sentence, form of advertising space within the AOL shall make a [*] refund Network of ICP [*] payments made comparable value to AOL [*]the undelivered Impressions (as reasonably determined and agreed by the Parties).

IMPRESSIONS TARGET. AOL shall provide ICP ICP, pursuant to the terms and conditions of the Agreement, with at least [*] 277,259,888 Impressions from placement of an ICP Presence Presences on the AOL Network as set forth in Exhibit A-1 (the "Impressions Target"), provided that only ICP Presences screens that contain a Banner Placement or a link to the Customized Site ICP Programming or Customized Programming Secondary Page will count against the Impressions Target. Any shortfall in Impressions from a particular AOL will make commercially reasonable efforts to distribute Property or area within an AOL Property may be made up by over-delivery of Impressions in another AOL Property or area after AOL consults with ICP regarding where the Impressions evenly during the Term. ICP shall receive at least (a) [*] Impressions annually on the Scoreboards Screens, (b) [*] banner ad Impressions annually on the Sub-Scoreboards Screens on Saturdays and Sundays during the active seasons of the sports relating to such scoreboards, and (c) at least [*] Impressions annually from run of sports banner ad placementsshortfall will be made up. In the event AOL provides an excess of any annual Impressions target in any year, the Impressions target for the subsequent year shall be reduced by the amount of such excess up to [*]excess. Any shortfall in any of the foregoing Impressions targets at the end of a year will not be deemed a breach of this Agreement by AOL; instead such shortfall will be added to the Impressions targets target for the subsequent year. In the event that the any of the forgoing Impressions target Target is not met (or will not, in AOL's reasonable judgment, be met) during the Term, then as ICP's sole remedy, AOL may at AOL's option either (a) extend the Term shall be extended for up to six (6) months without additional carriage fees payable by ICP, (b) AOL shall, from time to time, provide ICP with the remaining Impressions in the form of advertising space within the AOL Network of comparable value to the undelivered Impressions (as reasonably determined by AOL) from time to time), or (c) some combination thereof. If AOL chooses option (a) and is unable to meet any of the Impressions target, AOL shall be required to provide the undelivered Impressions within three (3) months as provided for in (b) above. If AOL is unable to deliver Impressions as set forth in the preceding sentence, AOL shall make a [*] refund of ICP [*] payments made to AOL [*].