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– Release Delayed ·As Of Filer Filing For·On·As Docs:Size Issuer Agent 9/16/09 AOL Inc. 10-12B/A¶ 68:6.6M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size 1: 10-12B/A Amendment No. 1 to Form 10 HTML 100K 68: CORRESP ¶ Comment-Response or Other Letter to the SEC HTML 84K 2: EX-2.1 Plan of Acquisition, Reorganization, Arrangement, HTML 187K Liquidation or Succession 3: EX-3.1 Articles of Incorporation/Organization or By-Laws HTML 31K 4: EX-3.2 Articles of Incorporation/Organization or By-Laws HTML 97K 5: EX-10.1 Material Contract HTML 80K 10: EX-10.10 Material Contract HTML 71K 11: EX-10.11 Material Contract HTML 33K 12: EX-10.12 Material Contract HTML 33K 13: EX-10.13 Material Contract HTML 33K 14: EX-10.14 Material Contract HTML 37K 15: EX-10.15 Material Contract HTML 37K 16: EX-10.16 Material Contract HTML 37K 17: EX-10.17 Material Contract HTML 30K 18: EX-10.18 Material Contract HTML 24K 19: EX-10.19 Material Contract HTML 20K 20: EX-10.20 Material Contract HTML 52K 21: EX-10.21 Material Contract HTML 52K 22: EX-10.22 Material Contract HTML 247K 23: EX-10.23 Material Contract HTML 56K 24: EX-10.24 Material Contract HTML 45K 25: EX-10.25 Material Contract HTML 44K 26: EX-10.26 Material Contract HTML 30K 27: EX-10.27 Material Contract HTML 36K 28: EX-10.28 Material Contract HTML 29K 29: EX-10.29 Material Contract HTML 31K 30: EX-10.30 Material Contract HTML 63K 31: EX-10.31 Material Contract HTML 34K 32: EX-10.32 Material Contract HTML 29K 33: EX-10.33 Material Contract HTML 96K 34: EX-10.34 Material Contract HTML 29K 35: EX-10.35 Material Contract HTML 30K 36: EX-10.36 Material Contract HTML 30K 37: EX-10.37 Material Contract HTML 30K 38: EX-10.38 Material Contract HTML 30K 39: EX-10.39 Material Contract HTML 30K 40: EX-10.40 Material Contract HTML 124K 41: EX-10.41 Material Contract HTML 30K 42: EX-10.42 Material Contract HTML 32K 43: EX-10.43 Material Contract HTML 31K 44: EX-10.44 Material Contract HTML 72K 45: EX-10.45 Material Contract HTML 31K 46: EX-10.46 Material Contract HTML 21K 47: EX-10.47 Material Contract HTML 182K 48: EX-10.48 Material Contract HTML 25K 49: EX-10.49 Material Contract HTML 27K 50: EX-10.50 Material Contract HTML 57K 51: EX-10.51 Material Contract HTML 23K 52: EX-10.52 Material Contract HTML 43K 53: EX-10.53 Material Contract HTML 126K 54: EX-10.54 Material Contract HTML 113K 55: EX-10.55 Material Contract HTML 31K 56: EX-10.56 Material Contract HTML 27K 57: EX-10.57 Material Contract HTML 43K 58: EX-10.58 Material Contract HTML 86K 59: EX-10.59 Material Contract HTML 22K 6: EX-10.6 Material Contract HTML 148K 60: EX-10.60 Material Contract HTML 26K 61: EX-10.61 Material Contract HTML 48K 62: EX-10.62 Material Contract HTML 26K 63: EX-10.63 Material Contract HTML 22K 64: EX-10.64 Material Contract HTML 40K 65: EX-10.65 Material Contract HTML 576K 66: EX-10.66 Material Contract HTML 36K 7: EX-10.7 Material Contract HTML 115K 8: EX-10.8 Material Contract HTML 69K 9: EX-10.9 Material Contract HTML 67K 67: EX-99.1 Miscellaneous Exhibit HTML 1.78M
Exhibit 10.28 |
Exhibit 10.28
EXECUTION COPY
Confidential
FIFTH AMENDMENT TO AMENDED AND RESTATED
INTERACTIVE MARKETING AGREEMENT
This Fifth Amendment to Amended and Restated Interactive Marketing Agreement (this “Fifth Amendment”), effective as of June 14, 2004 (the “Fifth Amendment Effective Date”), is between AMERICA ONLINE, INC. (“AOL”), a Delaware corporation, with offices at 22000 AOL Way, Dulles, Virginia 20166, and GOOGLE INC. (“Google”), a Delaware corporation, successor-in-interest to Google Inc., a California corporation, with offices at 2400 Bayshore Parkway, Mountain View, California 94043.
INTRODUCTION
The Parties hereto wish to further amend that certain Amended and Restated Interactive Marketing Agreement effective as of October 1, 2003 (the “IMA”), as amended previously by that certain First Amendment to Amended and Restated Interactive Marketing Agreement effective as of December 15, 2003 (the “First Amendment”), that Second Amendment to Amended and Restated Interactive Marketing Agreement effective as of March 30, 2004 (the “Second Amendment), that Third Amendment to Amended and Restated Interactive Marketing Agreement effective as of April 7, 2004 (the “Third Amendment”), and that Fourth Amendment to Amended and Restated Interactive Marketing Agreement effective as of June 1, 2004 (the “Fourth Amendment”) (the IMA and such amendments, collectively the “Existing Agreement”). The Existing Agreement and this Fifth Amendment shall be collectively referred to herein as the “Agreement”. Capitalized terms not defined in this Fifth Amendment shall have the meanings set forth in the Existing Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby amend the Existing Agreement as follows:
1. | First Amendment Term. The First Amendment Term is hereby extended through December 16, 2004. For the avoidance of doubt, the “First Amendment Term” shall apply to all terms and conditions set forth in the Agreement associated with the display of Content Targeted Advertisements. In connection with this extension, the end dates for all line items in the carriage plans described in Exhibit A to this Fifth Amendment are hereby extended through December 16, 2004. |
2. | Order of Precedence. This Fifth Amendment is supplementary to and modifies the Existing Agreement. The terms of this Fifth Amendment supersede provisions in the Existing Agreement only to the extent that the terms of this Fifth Amendment and the Existing Agreement expressly conflict. However, nothing in this Fifth Amendment shall be interpreted as invalidating the Existing Agreement, and provisions of the Existing Agreement shall continue to govern relations between the Parties insofar as they do not expressly conflict with this Fifth Amendment. Furthermore, for the avoidance of doubt, any amendments or other changes made to any terms of the Existing Agreement under this Fifth Amendment shall be interpreted to have full force and effect on any other relevant provisions of the Existing Agreement (including, but not limited to, Definitions, Exhibits, and Schedules related thereto), which reference or rely on such amended or changed terms. |
3. | Counterparts; Facsimile. This Fifth Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document. This Fifth Amendment may be executed by facsimile. |
[Signature page follows.]
CONFIDENTIAL | 1 |
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have executed this Fifth Amendment as of the Fifth Amendment Effective Date.
AMERICA ONLINE, INC. | GOOGLE, INC. | |||||||
By: | /s/ Jim Riesenbach |
By: | /s/ Joan Braddi | |||||
Name: | Name: | |||||||
Title: | SVP |
Title: | VP Search Services | |||||
Date: | 6/15/04 |
Date: |
CONFIDENTIAL | 2 |
EXECUTION COPY
EXHIBIT A
[****]
CONFIDENTIAL | 3 |
This ‘10-12B/A’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 9/16/09 | None on these Dates | ||
12/16/04 | ||||
6/14/04 | ||||
6/1/04 | ||||
4/7/04 | ||||
3/30/04 | ||||
12/15/03 | ||||
10/1/03 | ||||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 10/13/09 SEC UPLOAD¶ 9/22/17 1:24K AOL Inc. |