Common use of Page Views Clause in Contracts

Page Views. 8.1 Yahoo expressly acknowledges its obligation under this Agreement to furnish DoveBid with advertising and other promotions valued in the aggregate at [*] based on a discount of [*] off of Yahoo's year 2000 advertising rate card. The parties acknowledge that based on the amount of such consideration to be paid by DoveBid, Yahoo will deliver a minimum of [*] Page Views with a preliminary target distribution of such Page Views as set forth below (the "Preliminary Targets"). Yahoo will use commercially reasonable ------------------- efforts to deliver these Page Views as set forth below, but Yahoo's Page View obligation is with respect to the program as a whole. Yahoo will not be in breach of this Agreement for failure to deliver the specific number of Page Views in any of the following areas. . [*] DoveBid Banner Pages . [*] DoveBid Button Pages . [*] DoveBid Email Messages *Confidential portions have been omitted from this public filing and have been filed separately with the Securities Exchange Commission. . [*] Page Views of Front Page Promotions . [*] DoveBid Banner Advertisements placed on Run of Network (a) will be valued at [*] rates in [*] to the [*] available on [*]; (b) will not exceed a total value of [*]; (c) will be placed subject to availability and Yahoo's prior approval and on a schedule to be mutually agreed upon by the parties; and (d) are subject to the "make good" provisions set forth in Section 8.2 below. 8.2 In the event that Yahoo fails to deliver the number of Page Views or emails set forth in Section 8.1 (as reduced by any proration under Section 8.3) before the expiration of the Term, Yahoo will "make good" the shortfall by extending its obligations under Sections 2 and 3 in the areas set forth therein (or similar inventory mutually agreed upon by the parties) beyond the end of the Term until such Page View obligation is satisfied. Yahoo will use commercially reasonable efforts to make good any undelivered Page Views or emails within three months (but in any event will "make good" the shortfall within six months) from the end of the Term. The provisions of this Section 8.2 set forth the entire liability of Yahoo, and DoveBid's sole remedy, for Yahoo's failure to meet its Page View obligation set forth in Section 8.1. 8.4 Yahoo will provide DoveBid with access to an electronic database, the accuracy of which is periodically reviewed and certified by Ernst & Young, LLP or a similarly reputable and independent entity, that describes Yahoo's calculation of the Page Views delivered during the Term. *Confidential portions have been omitted from this public filing and have been filed separately with the Securities Exchange Commission.