Common use of Bonus Materials Clause in Contracts

Bonus Materials. If Licensor or any other SPE Entity allows any Other Provider to exploit an Included Program on a Pay-Per-View or Video-On-Demand basis involving bonus materials, director commentary and/or chaptering functionality (collectively, “Enhanced Features”) during a time period that overlaps with such Included Program’s applicable License Period hereunder, then Licensor shall notify Licensee thereof in writing and of any directly related terms and conditions. Such notice may, for the avoidance of doubt, be granted with respect to a limited number of titles in the availability notices for such titles issued by Licensor in the ordinary course of business. Licensee shall, provided it matches such directly related terms and conditions with respect to such Enhanced Features (if Licensee is not reasonably capable of complying with such directly related terms and conditions (taking into consideration Licensee’s technology and national footprint), then Licensor shall use commercially reasonable efforts to provide substantially comparable terms and conditions with which Licensee is capable of complying with respect to one or more platforms of the Licensed Service), have the right to include such Enhanced Features with respect to the exploitation hereunder of (i) Video-On-Demand rights in such Included Program only if the Enhanced Features granted by Licensor to the Other Provider included Video-On-Demand to such Included Program, and (ii) Pay-Per- View rights in such Included Program if the Enhanced Features granted by Licensor to the Other Provider included Video-On-Demand and/or Pay-Per-View rights to such Included Program.

Bonus Materials. If Licensor or any other SPE Entity allows any Other Provider to exploit an Included Program on a Pay-Per-View or Video-On-Demand basis involving bonus materials, director commentary and/or chaptering functionality (collectively, “Enhanced Features”) during a time period that overlaps with such Included Program’s applicable License Period hereunder, then Licensor shall notify Licensee thereof in writing and of any directly related terms and conditions. Such notice may, for the avoidance of doubt, be granted with respect to a limited number of titles in the availability notices for such titles issued by Licensor in the ordinary course of business. Licensee shall, provided it matches such directly related terms and conditions with respect to such Enhanced Features (if Licensee is not reasonably capable of complying with such directly related terms and conditions (taking into consideration Licensee’s technology and national footprint), then Licensor shall use commercially reasonable efforts to provide substantially comparable terms and conditions with which Licensee is capable of complying with respect to one or more platforms of the Licensed Service), have the right to include such Enhanced Features with respect to the exploitation hereunder of (i) Video-On-Demand rights in such Included Program only if the Enhanced Features granted by Licensor to the Other Provider included Video-On-Demand to such Included Program, and (ii) Pay-Per- Per-View rights in such Included Program if the Enhanced Features granted by Licensor to the Other Provider included Video-On-Demand and/or Pay-Per-View rights to such Included Program. In addition, Licensee shall use good faith efforts to notify Licensor if, as a general practice, Licensee begins offering feature length motion pictures of any other feature film provider involving Enhanced Features on a Pay-Per-View or Video-On-Demand basis on the Licensed Service.