Common use of Impressions Clause in Contracts

Impressions. During the Initial Term, AOL will deliver a total of [XXX XXXXXXX XXXXX XXXXX XXXXX XXXXX XXXXXXX XXXXXX XXXXXXXXX] Impressions (the "Impressions Commitment") through the Promotions. With respect to the Impressions Commitment, AOL will not be obligated to provide more than such target amounts during the Term. In the event that as of the end of the seventh month of the Term AOL shall not have provided a minimum of [XXXXX XXXXXX XXXXXXXXXXXX] Impressions through the Promotions (the "Impressions Minimum"), AOL shall have a reasonable time, not to exceed sixty (60) days, within which to deliver the Impressions Minimum. If AOL shall not have delivered the Impressions Minimum within sixty (60) days, as its sole remedy, [XXXXX XXXXXX XXXXXXXXXXXX]. If there is a shortfall in Impressions as of the end of the Initial Term (a "Final Shortfall"), AOL shall elect to either (i) provide MP with advertising placements out of excess inventory on the AOL Network which have a total value, based on AOL's then-current advertising rate card, equal to the value of the Final Shortfall (determined by multiplying the percentage of Impressions that were not delivered by the total, guaranteed payment provided for below) or (ii) continue to provide MP with certain Promotions designated by AOL in its sole and absolute discretion until the Impressions Commitment is fulfilled. If at any time during the Term MP shall not be in compliance with the provisions of this Agreement, and as a result of such non- compliance AOL is unable to provide the Impressions required hereunder during such period of non-compliance, then AOL shall have the right to reduce the Impressions Commitment, on a pro-rata basis, for such period of non-compliance (e.g., if MP has not complied with the provisions of this Agreement for a period of two months, then AOL shall reduce the Impressions Commitment by an amount equal to the product of two (2) times [xxxxxxxxxxx] divided by fourteen (14)).

Impressions. During the Initial Term, AOL will deliver the following Impressions commitments through the Promotions (or any comparable promotions as provided in Section 1.1 hereof) during the following monthly periods (each a total "Period"): [*] by the end of the [*] month of the Term, [*] Impressions from the [*] month to the end of [XXX XXXXXXX XXXXX XXXXX XXXXX XXXXX XXXXXXX XXXXXX XXXXXXXXX*] of the Term, and [*] month to the end of the [*] month of the Term (which Impressions, together with the Impressions (delivered to MP pursuant to Section 1.3 hereof, as adjusted from time to time in accordance with Section 1.3, are hereinafter referred to as the "Impressions Commitment") through the Promotions). With respect to the Impressions Commitment, AOL will not be obligated to provide more than such target amounts during amounts, individually or in the Termaggregate, in any given Period. Any shortfall in Impressions at the end of a Period will not be deemed a breach of this Agreement by AOL; instead, such shortfall will be added to the Impressions target for the subsequent Period. In the event that as of the end of the seventh month of the Term Mutual Review Date, AOL shall not have provided a minimum of [XXXXX XXXXXX XXXXXXXXXXXX*] Impressions through the Promotions and the Additional Promotions (the "Impressions Minimum"), AOL shall have a reasonable time, not to exceed sixty (60) days, [*] within which to deliver the Impressions Minimum. If AOL shall not have delivered the Impressions Minimum within sixty such [*] MP shall have the right for fifteen (6015) daysdays to terminate this Agreement upon no less than fifteen (15) days written notice to AOL, as its sole remedyand within thirty (30) days after such termination, [XXXXX XXXXXX XXXXXXXXXXXX*] required pursuant to Section 4.1 hereof (the "Guaranteed Payments") [*] *CERTAIN CONFIDENTIAL INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 2 [*]. If there is a shortfall in Impressions as of the end of the Initial Term (a "Final Shortfall"), AOL shall elect have the option to either (i) provide MP with advertising placements out extend the initial Term (the "Extension Period") until the earlier of excess inventory on (a) such time as AOL shall have delivered the AOL Network number of Impressions which have a total value, based on AOL's then-current advertising rate card, equal to the value of comprise the Final Shortfall (determined by multiplying the percentage of Impressions that were not delivered by the total, guaranteed payment provided for below"Makegood Impressions") or (iib) continue to provide MP with certain Promotions designated by six (6) months from the end of the Initial Term; provided that, in the event that AOL in its sole and absolute discretion until the Impressions Commitment is fulfilled. If at any time during the Term MP shall not be in compliance with have delivered the Makegood Impressions by the end of the Extension Period, [*]. During the Extension Period, AOL shall maintain the exclusivity provisions of this Agreement, and as a result of such non- compliance AOL is unable to provide the Impressions required hereunder during such period of non-compliance, then AOL shall have the right to reduce the Impressions Commitment, on a pro-rata basis, for such period of non-compliance (e.g., if MP has not complied with the provisions of this Agreement for a period of two months, then AOL shall reduce the Impressions Commitment by an amount equal to the product of two (2) times [xxxxxxxxxxx] divided by fourteen (14))Section 3.1 hereof.