Portal Services Agreement [Amendment No. 5] - Inktomi Corp. and Microsoft Corp.
AMENDMENT NUMBER FIVE
TO THE
PORTAL SERVICES AGREEMENT
BETWEEN
MICROSOFT CORPORATION
AND
INKTOMI CORPORATION
This Amendment Number Five To Portal Services Agreement ("Amendment Number
Five") is made and entered into by and between Microsoft Corporation, a
Washington corporation with its principal place of business located at One
Microsoft Way, Redmond, Washington 98052 ("Customer") and Inktomi Corporation, a
Delaware corporation with its principal place of business located at 4100 East
Third Avenue, Foster City, California 94404 ("Inktomi") as of this ___ day of
February, 2002 ("Amendment Effective Date").
RECITALS
WHEREAS, Customer and Inktomi desire to amend that certain Portal Services
Agreement, made and entered into by and between Inktomi and Customer, dated as
of October 28, 1999, as amended from time to time, (the "Agreement"), so as to
revise pricing models and service fees for certain Services to be provided by
Inktomi to Customer thereunder;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
and for such other good and valuable consideration, the sufficiency of which is
hereby acknowledged by the parties, Customer and Inktomi agree to amend the
Agreement as follows:
AMENDMENT
1. All capitalized terms used and not otherwise defined herein, shall have
the meaning given to such terms in the Agreement.
2. Section 4(B) of Schedule 2 is deleted in its entirety and replaced with
the following:
(B) multiplied and added in accordance with the following graduated
schedule
For the first * Average Daily Results $ * per Results
Sets Served Sets Served
For the next * Average Daily Results Sets $ * per Results
Served Sets Served
For the next * Average Daily Results Sets $ * per Results
Served Sets Served
For the next * Average Daily Results Sets $ * per Results
Served Sets Served
For the next * Average Daily Results Sets $ * per Results
Served Sets Served
For all subsequent Average Daily Results Sets Served $ * per Results
over * Sets Served
* Certain information on this page has been omitted and filed separately with
the Commission. Confidential Treatment has been requested with respect to
the omitted portions.
<PAGE>
3. Except as expressly modified by this Amendment Five, the terms and
conditions of the Agreement remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused their respective duly authorized
representatives to execute this Amendment Five on their behalf as of the
Amendment Effective Date.
MICROSOFT CORPORATION INKTOMI CORPORATION
By: /s/ Bill Bliss By: /s/ Vishal Makhijani
-------------------------------- ----------------------------------
Name: Bill Bliss Name: Vishal Makhijani
------------------------------ --------------------------------
Title: General Manager Title: Director, GM Search
----------------------------- -------------------------------
Date: 5 March 2002 Date: March 8, 2002
------------------------------ --------------------------------