Exhibit 10.73
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*** Text Omitted and Filed Separately
with
the Securities and Exchange
Commission.
Confidential Treatment Requested
Under
17 C.F.R. Sections 200.80(b)(4) and
240.24b-2
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SIXTH ADDENDUM TO
ADCENTER LICENSE, HOSTING AND
SUPPORT AGREEMENT
This Sixth Addendum is entered into
by and between IAC Search & Media, Inc., a Delaware corporation
(“Partner”) and LookSmart, Ltd., a Delaware corporation
(“LookSmart”) and is the sixth addendum to that certain
AdCenter License, Hosting and Support Agreement by and between
Partner and LookSmart entered into as of May 16th, 2005, as
amended by the parties in five prior addenda (collectively, the
“Agreement”). This Sixth Addendum is effective as of
December 1, 2009 (the “Addendum Effective
Date”).
WHEREAS, the parties entered into the Agreement on
May 16, 2005;
WHEREAS, the parties amended the Agreement in five
addenda dated January 2006, June 2006, January
2007, June 2007, and March 2008;
WHEREAS, on May 19, 2009, Partner notified LookSmart
that it would not renew the Agreement and that the Agreement would
expire by its term effective December 31, 2009;
WHEREAS, Partner now wishes to renew the Agreement beyond
December 31, 2009; and
WHEREAS, the parties wish to amend the Agreement to,
among other things, extend the Term.
NOW THEREFORE,
for good and adequate consideration,
the receipt of which is acknowledged, the parties agree as
follows:
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1.
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All capitalized
terms used herein and not otherwise defined herein shall have the
respective meanings assigned thereto in the Agreement
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2.
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Paragraphs 3(a)
and 3(h) are hereby deleted in their entirety and replaced with the
following:
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“ Subscription Payment
. Partner shall pay to LookSmart the following Subscription Payment
for Gross Revenues and Third Party Gross Revenues collected by
Partner in each calendar month during the Term. For the avoidance
of doubt, the revenue share payments described in this section
shall be due and payable (at the time specified in
Section 3(d) below) beginning on January 1,
2010.”
