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 F

DocuSign Envelope ID: 9653F5BA-9A80-451F-8B54-C100192B3F28
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FOURTH AMENDMENT TO PITCHf/x AGREEMENT
This Fourth Amendment to the PITCHf/x AGREEMENT (this “Fourth Amendment”), dated as of January
4, 2016 (the “Fourth 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, December 31, 2011 and December
15, 2014 (as so amended, the “Agreement”). As specifically amended pursuant to this Fourth
Amendment, all terms and conditions of the Agreement shall remain in full force and effect with all
amendments set forth in this Fourth Amendment being effective from and after the Fourth Amendment
Effective Date. 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. Sportvision Obligations. Section 2 of the Agreement shall be amended as follows:
Section 2.11 of the Agreement (“PITCHf/x System Data Rendering Services”) is hereby deleted in its
entirety and replaced with the following:
“2.11 PITCHf/x System Data Rendering Services

B. Financial Arrangements. Section 5 of the Agreement shall be amended as follows:
Section 5.1(b) of the Agreement (“Broadcast Revenue”) is hereby deleted in its entirety and replaced
with the following:
“5.1(b) “Broadcast Revenue”

Section 5.5 of the Agreement (“Broadcast Revenue”) is hereby deleted in its entirety and replaced with
the following:
“Section 5.5 Broadcast Revenue.

DocuSign Envelope ID: 9653F5BA-9A80-451F-8B54-C100192B3F28
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Section 5.6 of the Agreement (“2015 PITCHf/x System Data Rending Fee”) is hereby deleted in its
entirety and replaced with the following:
“Section 5.6 2016 PITCHf/x System Data Rending Revenue Sharing.

Section 5.7 of the Agreement (“PITCHf/x Derivative Data Revenue Share”) is hereby deleted in its
entirety and replaced with the following:
“Section 5.7 PITCHf/x Derivative Data Revenue Share.

A new Section 5.11 of the Agreement (“Payment Terms”) is hereby added as follows:
“Section 5.11 Payment Terms.

C. Term. Section 12.1 of the Agreement (“Term of 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, 2019, unless otherwise terminated as provided herein (the
“Term”). Within six (6) months prior to the end of the Term, the Parties shall enter into good
faith negotiations regarding the renewal of this Agreement and the terms of such renewal;
provided, that whether or not this Agreement is renewed following the end of the Term, (i)
MLBAM shall permit Sportvision to render all services to ESPN under Sportvision’s current
agreement with ESPN through the expiration thereof; and (ii) the Parties agree to negotiate in
good faith to continue the commercial exploitation of PITCHf/x Derivative Data beyond the
2016 MLB season, but absent such a continuation Sportvision’s obligations with respect to

DocuSign Envelope ID: 9653F5BA-9A80-451F-8B54-C100192B3F28
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PITCHf/x System will cease and MLBAM’s obligations with respect to payment for the
PITCHf/x System set forth in Section 5.6 will likewise cease.”
D. Announcement. MLBAM and Sportvision agree to issue a press release announcing the pertinent
business (but not financial) terms effected by this Fourth Amendment, such release to made subject to
MLBAM’s prior approval.
E. Counterparts; Electronic Signatures. This Fourth Amendment may be executed in counterparts, each
of which will constitute an original of this Fourth Amendment and both of which together shall
constitute one and the same Fourth Amendment. Signatures delivered by facsimile, .pdf or similar
electronic means shall have the same force and effect as original signatures.
IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment to the PITCHf/x
Agreement by persons duly authorized as of Fourth Amendment Effective Date.
MLB ADVANCED MEDIA, L.P.

SPORTVISION, INC.

By MLB Advanced Media, Inc.,
Its General Partner

By:

By:

Print Name:

Print Name:

Title:

Title:

Date:

Date:

4847-3803-0383.1