Common use of Hosting Fees Clause in Contracts

Hosting Fees. The Hosting fees cover the people, space and power needed to host and operate the System (“Hosting Fees”). Motricity shall apply the Hosting Fees based on the total cumulative number of ▇▇▇.▇▇▇ Portal Users being maintained by Motricity with a given calendar month. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** A. For purposes of clarity, in any calendar month where a MEdia Net portal user becomes an AT&▇.▇▇▇ Service Portal User, Motricity will apply the Hosting Fee set forth above. B. Further, Motricity will ensure that AT&T is not being double billed on Hosting Fees under the MEdia Net and ▇▇▇.▇▇▇ fee structure. In the event a Subscriber is registered as both a Media Net portal user and an ▇▇▇.▇▇▇ Portal User within a given calendar month, AT&T will be charged the Hosting Fees set forth in the above table. C. The Parties further agree to collaborate on a method and process for which Subscriber profiles would be purged from the respective databases for MEdia Net and ▇▇▇.▇▇▇ Service. D. upon six months’ prior written notice to Motricity, AT&T may elect to host the System and make the AT&▇.▇▇▇ Service (excluding certain Legacy Services as described in Section B.1.b. of Exhibit A) available to Subscribers at AT&T’s expense at one or more facilities maintained by or on behalf of AT&T. AT&T acknowledges that its ability to host the Motricity Software and make the AT&T Net Service available to Users may be subject to AT&T’s ability to obtain sufficient rights in certain third party technology (e.g., any third party software used in connection with the hosting, operation and/or maintenance of the Services), content and applications. In the event that AT&T elects to host the Software, Motricity and AT&T shall enter into a mutually agreed upon license agreement prior to and as a condition of any transition of hosting to AT&T.