Portal Services Agreement [Amendment No. 6] - Inktomi Corp. and Microsoft Corp.
AMENDMENT NO. 6
Effective Date of Amendment No. 6: October 1, 2002
This AMENDMENT NO. 6 ("Amendment No. 6") to that certain Portal Services
Agreement dated effective as of October 28, 1999 (the "Agreement"), by and
between INKTOMI CORPORATION, a Delaware corporation ("Inktomi"), and MICROSOFT
CORPORATION, a Washington corporation ("Customer").
RECITALS
The parties desire to amend the Agreement on the terms and conditions provided
herein; and
The parties hereby agree as follows:
AMENDMENT
1. The term will be extended to January 31, 2003
2. Schedule 2, Section 4(B) will be deleted in its entirety and replaced with
the following:
(B) multiplied and added in accordance with the following graduated
schedule
<TABLE>
<CAPTION>
TIERS
(AVERAGE DAILY RESULTS SETS PRICE PER 1000 AVERAGE
SERVED PER CALENDAR MONTH) DAILY RESULTS SETS SERVED
-------------------------- -------------------------
<S> <C>
For Average Daily Results Sets *
*
For Average Daily Results Sets *
*
For Average Daily Results Sets *
*
</TABLE>
3. Schedule 2, Exhibit B, Section 3.2 will be deleted in its entirety and
replaced with the following:
Each quarter, Inktomi shall pay Customer: (i) * of booked gross Revenue up
to *; and (ii) * of all booked gross Revenue over *. Payments shall be due
within thirty (30) days of the end of each quarter.
Defined terms herein have the same meaning as set forth in the Agreement, except
as otherwise provided.
This Amendment No. 6 amends, modifies and supersedes to the extent of any
inconsistencies, the provisions of the Agreement. Except as expressly amended
by this Amendment No. 6, the Agreement remains in full force and effect.
INKTOMI - MICROSOFT AMENDMENT NO. 6
PORTAL SERVICES AGREEMENT
CONFIDENTIAL
* 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>
IN WITNESS WHEREOF, the parties have executed this Amendment No. 6 as of the
Amendment No. 6 Effective Date set forth above. All signed copies of this
Amendment No. 6 are deemed originals. This Amendment No. 6 does not constitute
an offer by either party. This Amendment No. 6 is effective upon execution on
behalf of Company and Microsoft by their duly authorized representatives.
INKTOMI CORPORATION MICROSOFT CORPORATION
4100 E. Third Ave, Mail Stop FC2-5 One Microsoft Way
Foster City, CA 94404 Redmond WA 98052-6399
/s/ Vishal Makhijani By: /s/ John Krass
------------------------------------ ----------------------------------
(Sign) (Sign)
Vishal Makhijani John Krass
------------------------------------ --------------------------------------
Name (Print) Name (Print)
GM + VP, Web Search
------------------------------------ --------------------------------------
Title Title
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INKTOMI - MICROSOFT AMENDMENT NO. 6
PORTAL SERVICES AGREEMENT
CONFIDENTIAL