Distributor shall exercise commercially reasonable efforts to market and sell the Software. Without limiting the generality of the foregoing, if Distributor fails to achieve gross revenues of $_____ from Software distribution during any calendar year, Provider may terminate this Agreement by written notice to Distributor.
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Distributor shall exercise such efforts and expend such resources as are commonly used in the information technology industry for software of similar commercial potential at a similar stage in its lifecycle, taking into consideration the cost of distribution, the Software’s competitiveness compared to alternative products, the Software’s profitability, and other relevant factors. Without limiting the generality of the foregoing, Distributor shall perform tasks and spend the funds required in Attachment __ (Sales and Marketing Minimum Obligations).