FIFTH AMENDMENT TO SEARCH SERVICES AGREEMENT
This Fifth Amendment to Search Services Agreement (Fifth Amendment) is entered into by and between AOL Inc. (successor-in-interest to AOL LLC), a Delaware corporation, with its principal place of business at 770 Broadway, New York, NY 10003 (AOL), and CNN Interactive Group, Inc. (CNN), a Delaware corporation with offices at One CNN Center, Atlanta, GA 30303, effective as of March 31, 2010 (the Fifth Amendment Effective Date).
The Parties hereto wish to amend the Search Services Agreement entered into by and between AOL and CNN on or about September 1, 2007, as amended by the First Amendment dated as of April 30, 2008, the Second Amendment dated as of December 10, 2009, the Third Amendment dated as of January 31, 2010, and the Fourth Amendment dated as of February 28, 2010 (collectively, the Existing Agreement). Together, the Existing Agreement and this Fifth Amendment shall be referred to collectively as the Agreement. Capitalized terms not defined in this Fifth Amendment shall have the meanings set forth in the Existing Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby amend the Existing Agreement as follows:
This Agreement will commence on the Effective Date and shall expire at 11:59 p.m. (EST) on April 30, 2010, unless terminated earlier as provided for in this Agreement (the Term). CNN may terminate this Agreement by providing written notice to AOL at least three (3) business days in advance of the desired effective early termination date, which written notice may be in the form of email to the following AOL employees: (i) Steve Quan, VP Business Development at Steven.Quan@corp.aol.com, and (ii) Francis Lobo, VP AOL Search at Francis.Lobo@corp.aol.com.
IN WITNESS WHEREOF, the Parties have caused this Fifth Amendment to Search Services Agreement to be signed by their duly authorized representatives and delivered as of the dates set forth below.