Common use of Technical Performance Clause in Contracts

Technical Performance. i. ICP will design the ICP Internet Site to support the AOL-Client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP creates customized pages on the ICP Internet Site for AOL Members, ICP develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇▇.▇▇▇" ▇▇d referenced under the heading "Browser Detection." iii. ICP will periodically review the technical information made available by AOL at http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P is responsible for the manipulation of these parameters in web based objects so as allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Site ("New Functionality"), ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Technical Performance. i. ICP will design the ICP Internet Customized Site to support the AOL-Client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP creates customized pages on the ICP Internet Customized Site for AOL Members, ICP develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇.▇▇▇.▇▇▇" ▇▇d ▇ and referenced under the heading "Browser Detection." iii. ICP will periodically review the technical information made available by AOL at http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P ICP is responsible for the manipulation of these parameters in web based objects so as allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Customized Site ("New Functionality"), ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet Customized Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Technical Performance. i. ICP will design the ICP Internet Site to support the AOL-Client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP creates customized pages on the ICP Internet Site for AOL Members, ICP develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇▇.▇▇▇" ▇ ▇▇d ▇ referenced under the heading "Browser Detection." iii. ICP will periodically review the technical information made available by AOL at http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P is responsible for the manipulation of these parameters in web based objects so as allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Site ("New Functionality"), ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Technical Performance. i. ICP will design the ICP Internet Site to support the AOL-Client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP creates customized pages on the ICP Internet Site for AOL MembersUsers, ICP develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL MemberUser-Agents" listed at: http://▇▇▇▇▇▇▇▇▇. .▇▇fo.▇▇▇.▇▇▇" .▇▇d ▇ ▇▇▇ referenced under the heading "Browser Detection." iii. ICP will periodically review the technical information made available by AOL at http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P ICP is responsible for the manipulation of these parameters in web based objects so as allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Site ("New Functionality"), ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Technical Performance. i. ICP will design the ICP Internet Site to support the AOL-Client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP creates customized pages on the ICP Internet Site for AOL Members, ICP develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇▇.▇▇▇" ▇ ▇▇d ▇ referenced under the heading "Browser Detection." iii. ICP will periodically review the technical information made available by AOL at http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P is responsible for the manipulation of these parameters in web based objects so as allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Site ("New FunctionalityNEW FUNCTIONALITY"), ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Technical Performance. i. ICP Onvia will design the ICP Internet Co-Branded Site to support the AOL-Client client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), ) (and above) and the Netscape Browser 4.XX (and above) and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP Onvia creates customized pages on the ICP Internet Co-Branded Site for AOL Members, ICP Onvia will develop and employ a methodology to detect AOL Members (e.g., e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://"▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇.▇▇▇.▇▇▇" ▇▇d referenced under the heading "Browser Detection)." iii. ICP Onvia will periodically review the technical information made available by AOL at http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP Onvia will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P Onvia is responsible for the manipulation of these parameters in web web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Co-Branded Site ("New Functionality"), ICP Onvia will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service browser/client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software; provided that if Onvia's notice specifies a commercially reasonable amount of time in which to perform such tests and AOL fails to do so within the specified time, then Onvia shall have the right to release the New Functionality provided that it is in compliance with the other requirements hereof. Should any new material, new functionality or features through the ICP Internet Co-Branded Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features is qualified for the AOL Service.

Technical Performance. i. ICP HS will design the ICP Internet Customized Site to support the AOL-Client client embedded versions of the Microsoft Internet Explorer 3.XX 4.5 and 4.XX browsers higher (Windows and Macintosh), Macintosh)and the Netscape Browser 4.XX 4.7and 6.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP HS creates customized pages on the ICP Internet Customized Site for AOL Members, ICP HS shall develop and employ a methodology to detect AOL Members (e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇▇Members.▇▇▇" ▇▇d referenced under the heading "Browser Detection." iii. ICP HS will periodically review the technical information made available by AOL at http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP HS will design its site to support HTTP 1.0 1.0, 1.1 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P HS is responsible for the manipulation of these parameters in web web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. ---------- [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. v. Prior to releasing material, major or material new functionality or features through the ICP Internet Customized Site ("New Functionality"), ICP HS will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet Customized Site be released without notification to AOL, AOL will not be responsible for any adverse member user experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Technical Performance. i. ICP Onvia will design the ICP Internet Co-Branded Site to support the AOL-Client client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and Macintosh), ) (and above) and the Netscape Browser 4.XX (and above) and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent ICP Onvia creates customized pages on the ICP Internet Co-Branded Site for AOL Members, ICP Onvia will develop and employ a methodology to detect AOL Members (e.g., e.g. examine the HTTP Execution Copy User-Agent field in order to identify the "AOL Member-Agents" listed at: http://"▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇.▇▇▇.▇▇▇" ▇▇d referenced under the heading "Browser Detection)." iii. ICP Onvia will periodically review the technical information made available by AOL at http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP Onvia will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P Onvia is responsible for the manipulation of these parameters in web web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Co-Branded Site ("New Functionality"), ICP Onvia will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service browser/client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software; provided that if Onvia's notice specifies a commercially reasonable amount of time in which to perform such tests and AOL fails to do so within the specified time, then Onvia shall have the right to release the New Functionality provided that it is in compliance with the other requirements hereof. Should any new material, new functionality or features through the ICP Internet Co-Branded Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features is qualified for the AOL Service.

Technical Performance. i. ICP will design the ICP Internet Site Site(s) to support the AOL-Client client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX browsers (Windows and MacintoshMackintosh), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇)." ii. To the extent ICP creates customized pages on the ICP Internet Site Site(s) for AOL Members, ICP will develop and employ a methodology to detect AOL Members (e.g., e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: http://"▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇fo.▇▇.▇▇▇.▇▇▇" ▇▇d referenced under the heading "Browser Detection/)." iii. ICP will periodically review the technical information made available by AOL at http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: http://▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. ▇▇P The ICP is responsible for the manipulation of these parameters in web based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the ICP Internet Site Site(s) ("New Functionality"), ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the ICP Internet partner Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.