Sportvision, Inc et al v. MLB Advanced Media L.P.

Filing 26

FIRST AMENDED COMPLAINT amending 8 Complaint against MLB Advanced Media L.P. with JURY DEMAND.Document filed by Sportvision, Inc, SportsMedia Technology Corporation. Related document: 8 Complaint. (Attachments: # 1 Exhibit A - '530 Patent, # 2 Exhibit B - Endeavor Contract, # 3 Exhibit C - Amendment to Endeavor Contract, # 4 Exhibit D - Second Amendment to Endeavor Contract, # 5 Exhibit E - Third Amendment to Endeavor Contract, # 6 Exhibit F - Fourth Amendment to Endeavor Contract, # 7 Exhibit G - January 24, 2017 Letter, # 8 Exhibit H - February 24, 2017 E-mail)(Haveles, H.)

Exhibit D

SECOND AMENDMENT TO PITCHf/x AGREEMENT
This Second Amendment to the PITCHf/x AGREEMENT (the 1'Second Amendment"), dated as of
December 31, 2011 (the "Second Amendment Effective Date"), is made and entered into by and
between MLB Advanced Media, L.P. a Delaware limited partnership, with offices at 75 Ninth Avenue,
New York, NY 10011 ("MLBAM") and Sportvision, Inc., a Delaware corporation, with offices at 4619
N. Ravenswood Ave., Suite 304, Chicago, IL 60640 ("Sportvision") (each of MLBAM and Sportvision
a "Party" and, collectively, the "Parties") and shall amend that PITCHf/x Agreement executed by the
Parties and effective as of February 7, 2006, and as amended as of January 1, 2009 (as so amended, the
"Agreement"). Except as specifically amended pursuant to this Second Amendment~ all terms and
conditions of the Agreement shall remain in full force and effect. Any capitalized term not defined
herein shall have the meaning set forth in the Agreement.
The Parties agree to amend the Agreement as follows:
A. PITCHf/x System Data Hosting. Section 3 of the Agreement (which is entitled "MLBAM
Obligations") shall be amended by adding the following new subsection 3.6:
"3.6

B. Marketing Efforts. Section 4 of the: Agreement (which is entitled "Cooperation; Mutual Decisions")
shall be amended by adding the following after the existing language in subsection 4.1:

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C. Revenue Allocations. Section 5 of the Agreement (which is entitled "Financial Arrangements")
shall be amended by adding the following to the definition of "MLBAM Revenue" after the existing
language in subsection 5. l (a):

D. Term. Section 12.1 of the Agreement shall be deleted in its entirety and replaced with the following:
"12.1 Term of Agreement. This Agreement will be effective on the Effective Date and will remain
in force until December 31, 201 4, unless otherwise terminated as provided herein (the
"Term"). Within six months prior to the end of the Term, the Partie:; shall enter into good faith
negotiations regarding the renewal of this Agreement and the terms of such renewal.
Notwithstanding the forgoing, MLBAM will be entitled to a one-time right to terminate this
Agreement for any reason, solely during the period beginning December 1, 2012 and ending on
December 10, 2012 (the "Termination Option''), which if exercised will be deemed a
termination of this Agreement without cause effective December 31, 2012, by delivering
written notice to Sportvision of its intent to terminate this Agreement pursuant to the
Termination Option. Failure of MLBAM to deliver written notice exercising the Tennination
Option within such 10-day period shall be deemed a waiver of the Termination Option and
shall result in continuation of the Agreement. Upon a valid exercise of the Termination
Option, the termination provisions as outlined in Section 12.3 of this Agreement will apply."

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This Second Amendment may be executed in two or more counterparts, each of which shall be deemed
an original, and all of which together shall constitute one and the same instrwnent. A signature of a
Party transmitted by facsimile or other electronic means shall constitute an original for all purposes.

IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to the PITCHf/x
Agreement by persons duly authorized as of Amendment Effective Date.

MLB ADVANCED MEDIA, L.P.

SPORTVISION, INC.

By MLB Advanced Media, Inc.,

Its General Partner

By:
Print Name:
Title:
Date:

4834-6289-5888.1

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