Common use of Determination of equivalence Clause in Contracts

Determination of equivalence. Subject to Netscape's selection of Internet search and Directory features or functionality pursuant to Section 3.1, the parties agree that any obligation of Excite herein that is required to be performed in a manner that is equivalent to, or otherwise commensurate with, the same level of performance of the Excite Brand Service shall be deemed a material obligation of Excite. Excite shall be deemed to be in material breach of any such obligation in the event that the features and functionality of the Excite Brand Service comparable to Netscape's selected Internet search and Directory features or functionality pursuant to Section 3.1 shall at any time be rated higher than Netcenter on * or more of the * , nationally recognized, * services.