Common use of Production, Technology and Content Programming Clause in Contracts

Production, Technology and Content Programming. The Service shall use substantially the same technology and advantages as Excite uses in the Excite Brand Service and Excite's Web Site, subject to Netscape's design choices and selection of Internet search or directory features or functionality pursuant to Section 3.1, unless otherwise agreed to by the parties. Excite will adhere to sub 5-second page delivery to the end user service levels for all pages served within the Excite delivered portion of the Service. The Service shall not be disadvantaged or suffer from inferior production, programming, content (unless Excite is contractually restricted from providing such content to the Service after having made good faith efforts to eliminate any such restrictions) or performance relative to the Excite Brand Service. Excite shall in good faith consider employing in the Service Netscape's technology, if available, rather than a technology supplied by a Netscape Named Entity which competes with Netscape products or services, provided that such use of Netscape's technology does not reduce the performance or production of the Service as compared to comparable elements of the Excite Brand Service on Excite's Web Site. Excite's obligation to produce the Service, including production services, technology and content programming which meet standards established by Excite on Excite's Web Site and general industry standards, is a material obligation of Excite under this Agreement. Netscape and Excite agree to work towards a page layout in the Co-Branded Channels, Search Results Pages and Directory Service Pages which is consistent with the page layout in Netscape's own Channels and Netcenter.