-4- Also on February 3, 1995, Vision and FoxVideo entered into a “Distribution Information Services Agreement” (Vision agreement). The Vision agreement entitled Vision to provide data processing services to FoxVideo in connection with the Software and described, among other things, the services to be performed, the territories affected, the terms of the agreement, the scope of exclusivity, and the prices for the services under the agreement. The Vision agreement stated in relevant part: 4. TERM: The Term shall commence as of February 3, 1995 (“Effective Date”), and unless earlier terminated, * * * shall last five years. FoxVideo shall have an option to extend the Term for an additional five-year period (“Initial Extension Period”) on the following basis: the terms in effect at the outset of the Initial Extension Period (including the exclusivity terms) shall be the same as the terms in effect at the end of the first five year period, except that FoxVideo shall not be required to pay any additional license fee for the Vision Software License with respect to the Initial Extension Period, and such terms shall be subject to adjustment during the Initial Extension Period on the same basis as the initial terms during the first five- year period are subject to adjustment as provided herein. At the end of the Initial Extension Period (if any), the Vision agreement may be extended for successive additional five-year periods by mutual consent, provided that (a) no additional license fee for any such additional extension period shall ever be payable by FoxVideo; and (b) Vision’s exclusivity commitments for any such extension period shall be subject to negotiation by the parties. Each 12-month period of the Term shall be referred to as a “Contract Year”. 5. EXCLUSIVITY: (a) By FoxVideo: For so long as the Vision agreement is in effect, FoxVideo shall procure Information Services for use in direct-to-store distribution ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011