Common use of Spots Clause in Contracts

Spots. (a) NBCi shall develop and produce fifteen (15) and thirty (30) ----- second co-branded advertising spots to promote the next generation Internet services available on the Co-Branded site accessible through Advertiser's high- speed Internet services (the "Spots"). Advertiser shall reimburse NBCi 25% of ----- all production expenses for each Spot within thirty (30) days of the completion of such Spot. Use of Telocity marks in each Spot will be subject to Advertiser's approval, not to be withheld or delayed unreasonably. NBCi will instruct NBC TV to telecast the Spots on NBC TV on the Dates, Days and Times mutually agreed by NBCi and Advertiser (subject to NBCi's available inventory and prior sales commitments); provided, however, that in the event that no such -------- ------- agreement is reached with regard to the number or value of Spots to be broadcast in any calendar quarter or year, NBCi may propose and implement a reasonable schedule for the broadcast of Spots in accordance with the terms of Section 2 below and based upon Advertiser's reasonable request for such schedule. An initial schedule for the first quarter of 2000 shall be determined as soon as practicable following the date hereof. All spots run by Advertiser pursuant to this Letter Agreement shall be subject to NBC TV's standard terms and conditions for such advertising which are described in the "Participating Sponsorship Agreement" attached hereto as Exhibit A (the "Standard Terms") and which are -------------- made a part of this Letter Agreement in their entirety; provided, however, that -------- ------- in the case of a conflict between the terms of this Letter Agreement and the terms of the Standard Terms, the terms of this Letter Agreement shall govern. For purposes of the Standard Terms, Advertiser shall be both the "Advertiser" and the "Agency" as such terms are used therein.

Spots. (a) NBCi shall develop and produce fifteen (15) and thirty (30) ----- second co-branded advertising spots to promote the next generation Internet services available on the Co-Branded site accessible through Advertiser's high- high-speed Internet services (the "Spots"). Advertiser shall reimburse NBCi 25% of ----- all production expenses for each Spot within thirty (30) days of the completion of such Spot. Use of Telocity marks in each Spot will be subject to Advertiser's approval, not to be withheld or delayed unreasonably. NBCi will instruct NBC TV to telecast the Spots on NBC TV on the Dates, Days and Times mutually agreed by NBCi and Advertiser (subject to NBCi's available inventory and prior sales commitments); provided, however, that in the event that no such -------- ------- agreement is reached with regard to the number or value of Spots to be broadcast in any calendar quarter or year, NBCi may propose and implement a reasonable schedule for the broadcast of Spots in accordance with the terms of Section 2 below and based upon Advertiser's reasonable request for such schedule. An initial schedule for the first quarter of 2000 shall be determined as soon as practicable following the date hereof. All spots run by Advertiser pursuant to this Letter Agreement shall be subject to NBC TV's standard terms and conditions for such advertising which are described in the "Participating Sponsorship Agreement" attached hereto as Exhibit A (the "Standard Terms") and which are -------------- made a part of this Letter Agreement in their entirety; provided, however, that -------- ------- in the case of a conflict between the terms of this Letter Agreement and the terms of the Standard Terms, the terms of this Letter Agreement shall govern. For purposes of the Standard Terms, Advertiser shall be both the "Advertiser" and the "Agency" as such terms are used therein.

Spots. (a) NBCi NBC shall develop and produce fifteen (15) and thirty (30) ----- second co-branded provide Advertiser with advertising spots to promote the next generation Internet services available on the Co-Branded site accessible through Advertiser's high- speed Internet services (the "Spots"). Advertiser shall reimburse NBCi 25% of ----- all production expenses for each Spot within thirty (30) days of the completion of such Spot. Use of Telocity marks in each Spot will be subject to Advertiser's approval, not to be withheld or delayed unreasonably. NBCi will instruct NBC TV to telecast the Spots on NBC TV and CNBC on the Dates, Days and Times mutually agreed by NBCi NBC and Advertiser (subject to NBCi's available inventory and prior sales commitments)consistent with the parameters set forth in Schedule 2 hereto; provided, however, that in the event that no such -------- ------- agreement is reached with regard to the number or value of Spots to be broadcast in any calendar quarter or year, NBCi NBC may propose and implement a reasonable schedule for the broadcast of Spots in accordance with the terms of parameters and objectives set forth in Exhibit B for the Total Spot Value set forth in Section 2 below and based upon Advertiser's reasonable request for such schedulebelow. An initial schedule for the first quarter remainder of 2000 the 2001 calendar year shall be determined as soon as practicable following the date hereof. All spots such Spots run by Advertiser pursuant to this Letter Agreement shall be subject to NBC TV's and CNBC's standard terms and conditions for such advertising which advertising, which, in the case of NBC TV, are described in the "Participating Sponsorship Agreement" attached hereto as Exhibit A (the "NBC TV Standard Terms") and, in the case of CNBC, are described in the "Standard Terms and which Conditions" attached hereto as Exhibit B (the "CNBC Standard Terms" and together with the NBC TV Standard Terms, the "Standard Terms"). The Standard Terms are -------------- made a part of this Letter Agreement in their entirety; provided, however, that -------- ------- in the case of a conflict between the terms of this Letter Agreement and the terms of the Standard Terms, the terms of this Letter Agreement shall govern. For purposes of the Standard Terms, Advertiser shall be both the "Advertiser" and the "Agency" as such terms are used therein.

Spots. (a) NBCi shall develop and produce fifteen (15) and thirty (30) ----- second co-branded advertising spots to promote the next generation Internet services available on the Co-Branded site accessible through Advertiser's high- high-speed Internet services (the "Spots"). Advertiser shall reimburse NBCi 25% of ----- all production expenses for each Spot within thirty (30) days of the completion of such Spot[*]. Use of Telocity marks in each Spot will be subject to Advertiser's approval, not to be withheld or delayed unreasonably. NBCi will instruct NBC TV to telecast the Spots on NBC TV on the Dates, Days and Times mutually agreed by NBCi and Advertiser (subject to NBCi's available inventory and prior sales commitments); provided, however, that in the event that no such -------- ------- agreement is reached with regard to the number or value of Spots to be broadcast in any calendar quarter or year, NBCi may propose and implement a reasonable schedule for the broadcast of Spots in accordance with the terms of Section 2 below and based upon Advertiser's reasonable request for such schedule. An initial schedule for the first quarter of 2000 shall be determined as soon as practicable following the date hereof. All spots run by Advertiser pursuant to this Letter Agreement shall be subject to NBC TV's standard terms and conditions for such advertising which are described in the "Participating Sponsorship Agreement" attached hereto as Exhibit A (the "Standard Terms") and which are -------------- made a part of this Letter Agreement in their entirety; provided, however, that -------- ------- in the case of a conflict [*] The Registrant has requested confidential treatment for certain portions of this exhibit. The omitted portions have been separately filed with the Commission. 2 between the terms of this Letter Agreement and the terms of the Standard Terms, the terms of this Letter Agreement shall govern. For purposes of the Standard Terms, Advertiser shall be both the "Advertiser" and the "Agency" as such terms are used therein.