SIXTH AMENDMENT TO
COMMON SHORT CODE LICENSE AGREEMENT
This Sixth
Amendment (“Sixth Amendment”), to the Common
Short Code License Agreement dated October 17, 2003, is
effective on the 18th day of April, 2008 between NeuStar, Inc., a
Delaware corporation, with offices located at 46000 Center Oak
Plaza, Building X, Sterling, VA 20166 (
“NeuStar” ), and the Cellular Telecommunications
and Internet Association ( “CTIA” ), a District
of Columbia non-profit corporation, located at 1400 16
th Street, NW, Suite 600, Washington, DC
20036,
WHEREAS,
NeuStar and CTIA entered into a Common Short Code License Agreement
(the “License Agreement”), dated
October 17,2003;
WHEREAS,
NeuStar and CTIA are in the first Renewal Term after the Initial
Term contemplated by Section 3.2 of the License Agreement. The
current Renewal Term ends on April 21, 2008, with the next
Renewal Term scheduled to begin immediately thereafter;
WHEREAS,
NeuStar and CTIA currently are negotiating over certain terms and
conditions of the License Agreement, and believe an extension to
the current term will allow these negotiations to proceed more
productively;
WHEREAS,
both CTIA and Neustar represent and warrant that the purpose of
this Amendment is to allow additional time for negotiations between
the parties and that it will not be used as evidence against the
other party in any manner in any dispute or proceeding relating to
the License Agreement, and both NeuStar and CTIA rely on such
representations in executing this Amendment;
NOW,
THEREFORE, in consideration of the mutual covenants contained
herein and other good and valuable consideration, receipt of which
is hereby acknowledged, the parties agree as follows:
1. Defined
Terms. Terms used but not
defined in this Sixth Amendment will have the meanings set forth in
the License Agreement. The recitals made above are incorporated by
reference in this Sixth Amendment as if fully set forth
herein.
2. Extension
of Current Term. The
Parties agree to extend the current Renewal Term until May 30,
2008. The length of the subsequent Renewal Term will be reduced by
the length of the extension of the current Renewal Term, with the
result that the Sixth Amendment will not change the April 21, 2010
end date for the subsequent Renewal Term.
3. No Waiver
of Rights. This Amendment
shall not waive, limit or otherwise