Common use of Fees for Development Services Clause in Contracts

Fees for Development Services. (a) Provided that, at the time any Development Services are requested to be performed by ADFORCE hereunder, NETSCAPE is in compliance with all of its material obligations under a validly executed Demographic Data Agreement and does not Materially Limit or Prohibit the use by ADFORCE of Demographic Data, ADFORCE shall provide the Development Services requested by NETSCAPE for no additional consideration other than reimbursement of the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services. (b) If, at any time prior to July 15, 1999 any Development Services are requested to be performed by ADFORCE hereunder and (i) the parties have not executed a Demographic Data Agreement, or (ii) the Implementation Date has not yet occurred under a validly executed Demographic Data Agreement, then NETSCAPE shall pay to ADFORCE the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services plus twenty-five percent (25%) of such costs. If, at any time on or after July 15, 1999 any Development Services are required to be performed by ADFORCE hereunder and (i) the parties have not executed a Demographic Data Agreement, or (ii) the Implementation Date has not yet occurred under a validly executed Demographic Data Agreement, then NETSCAPE shall pay to ADFORCE the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services plus forty percent (40%) of such costs. (c) If, following the occurrence of the Implementation Date under a validly executed Demographic Data Agreement, at the time any Development Services ARE requested to be performed by ADFORCE, NETSCAPE is not in compliance with all of its material obligations under the Demographic Data Agreement or Materially Limits or Prohibits the use by ADFORCE of Demographic Data, then NETSCAPE shall pay to ADFORCE the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services plus twenty-five percent (25%) of such costs.

Fees for Development Services. (a) Provided that, at the time any Development Services are requested to be performed by ADFORCE hereunder, NETSCAPE is in compliance with all of its material obligations under a validly executed Demographic Data Agreement and does not Materially Limit or Prohibit the use by ADFORCE of Demographic Data, ADFORCE shall provide the Development Services requested by NETSCAPE for no additional consideration other than reimbursement of the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services. (b) If, at any time prior to July 15, 1999 any Development Services are requested to be performed by ADFORCE hereunder and (i) the parties have not executed a Demographic Data Agreement, or (ii) the Implementation Date has not yet occurred under a validly executed Demographic Data Agreement, then NETSCAPE shall pay to ADFORCE the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services plus twenty-five [*] percent (25[*]%) of such costs. If, at any time on or after July 15, 1999 any Development Services are required to be performed by ADFORCE hereunder and (i) the parties have not executed a Demographic Data Agreement, or (ii) the Implementation Date has not yet occurred under a validly executed Demographic Data Agreement, then NETSCAPE shall pay to ADFORCE the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services plus forty [*] percent (40[*]%) of such costs. (c) If, following the occurrence of the Implementation Date under a validly executed Demographic Data Agreement, at the time any Development Services ARE requested to be performed by ADFORCE, NETSCAPE is not in compliance with all of its material obligations under the Demographic Data Agreement or Materially Limits or Prohibits the use by ADFORCE of Demographic Data, then NETSCAPE shall pay to ADFORCE the Fully Burdened Costs of the provision by ADFORCE Personnel of such Development Services plus twenty-five [*] percent (25[*]%) of such costs.