Content Distributor Third-Party-Beneficiary Rights Sample Clauses

Content Distributor Third-Party-Beneficiary Rights. 3.3.1 “Third-Party Beneficiaries” are, (a) with respect to injunctive relief as set out in Section 3.3.3.2(i), Eligible Content Distributor, and (b) with respect to damages as set out in Section 3.3.3.2(ii), Qualified Operator or Qualified Content Provider, together with any Eligible Content Distributor(s) that is (or are) Qualified Operator(s) or Qualified Content Provider(s) under their respective Content Distributor Agreement(s). 3.3.2 Third-Party Beneficiaries shall be entitled to bring such claims (“Third-Party Beneficiary Claim”) against Licensee as arise from Licensee’s Material Breach of their Effective Interim License Agreement, in accordance with the procedure set forth in Section 3.3.3 below. Such entitlement shall be subject to the terms and conditions of, and the limits and the full satisfaction of the relevant conditions set out in the version of, the Licensee’s Effective Interim License Agreement. 3.3.3 Rules and Procedures for the Third-Party Beneficiary Claim
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Content Distributor Third-Party-Beneficiary Rights. 3.4.1 “Third Party Beneficiaries” are, (a) with respect to injunctive relief as set out in Section 3.4.4.2(i), Eligible Content Distributor, together with any Fellow Content Distributor(s) that is (or are) Eligible Content Distributor(s) under their respective CI Plus Content Distributor Agreement(s); and (b) with respect to damages as set out in Section 3.4.4.2(ii), Qualified Operator or Qualified Content Owner, together with any Fellow Content Distributor(s) that is (or are) Qualified Operator(s) or Qualified Content Owner(s) under their respective CI Plus Content Distributor Agreement(s). 3.4.2 Third Party Beneficiaries shall be entitled to bring such claims (“Third Party Beneficiary Claim”) against Licensee as arise from Licensee’s Material Breach of Adopter Agreement, provided that such Material Breach results in unauthorized access, copying or distribution of Controlled Content, in accordance with the procedure set forth in Section 3.4.4 below. 3.4.3 For the avoidance of doubt, Third Party Beneficiaries shall have the right to initiate Revocation procedures concurrently with a Third Party Beneficiary Claim if the Revocation Criteria has been met. Where the breach can be cured or damages minimized with reasonable effort using Revocation, Third Party Beneficiary rights shall be limited to Revocation.
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Content Distributor Third-Party-Beneficiary Rights. 3.4.1 “Third Party Beneficiaries” are, (a) with respect to injunctive relief as set out in Section 3.4.4.2(i), Eligible Content Distributor, together with any Fellow Content Distributor(s) that is (or are) Eligible Content Distributor(s) under their respective CI Plus Content Distributor Agreement(s); and (b) with respect to damages as set out in Section 3.4.4.2(ii), Qualified Operator or Qualified Content Provider, together with any Fellow Content Distributor(s) that is (or are) Qualified Operator(s) or Qualified Content Provider(s) under their respective CI Plus Content Distributor Agreement(s). 3.4.2 Third Party Beneficiaries shall be entitled to bring such claims (“Third Party Beneficiary Claim”) against Licensee as arise from Licensee’s Material Breach of Adopter Agreement, in accordance with the procedure set forth in Section 3.4.4 below. Such entitlement shall be subject to the limits and to the full satisfaction of the relevant conditions set out in the version of the Form Adoption Agreement currently in force. 3.4.3 For the avoidance of doubt, Third Party Beneficiaries shall have the right to initiate Revocation procedures pursuant to Section 6.3.4 concurrently with a Third Party Beneficiary Claim if any of the Revocation Criteria has been met. 3.4.4 Rules and Procedures for the Third Party Beneficiary Claim 3.4.4.1 Warning before bringing a claim. Prior to bringing a Third Party Beneficiary Claim for a Material Breach, Third Party Beneficiary must send a notice of Material Breach to CI Plus TA specifying the breach by a Licensee. CI Plus TA shall assist Third Party Beneficiary in identifying such Licensee. (a) If a Licensee has committed a Material Breach, Third Party Beneficiary shall provide notice to Licensee of Material Breach and a reasonable opportunity to cure such Material Breach no later than30 (thirty) Business Days after receipt of such notice or longer period as reasonably determined by Third Party Beneficiary.If Licensee fails to acknowledge receipt of the notice of breach within five (5) Business Days or fails to cure such breach within thirty (30) Business Days after receipt of the notice of breach, Third Party Beneficiary may file a Third Party Beneficiary Claim against Licensee for damages. (b) Notwithstanding (a) above, if a Licensee has engaged in a pattern of Material Breach, Third Party Beneficiary may choose to immediately bring a Third Party Beneficiary Claim against Licensees without providing notice to the Licensee. In th...
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Related to Content Distributor Third-Party-Beneficiary Rights

  • Third Party Beneficiary Rights The parties do not intend to create in any other individual or entity the status of third party beneficiary and this Contract shall not be construed so as to create such status. The rights, duties and obligations contained in this Contract shall operate only between the parties to this Contract, and shall inure solely to the benefit of the parties to this Contract. The provisions of this Contract are intended only to assist the parties in determining and performing their obligations under this Contract. The parties to this Contract intend and expressly agree that only parties signatory to this Contract shall have any legal or equitable right to seek to enforce this Contract, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this contract, or to bring an action for the breach of this Contract.

  • No Third Party Beneficiary Rights Nothing in this Agreement shall be construed as creating third-party beneficiary rights in any person or entity, except as otherwise expressly provided in this Agreement.

  • Absence of Third Party Beneficiary Rights No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, affiliate, shareholder, partner of any party hereto or any other person or entity unless specifically provided otherwise herein, and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement.

  • Xx Third Party Beneficiaries The terms and provisions of this Agreement are intended solely for the benefit of the Parties and their respective successors or permitted assigns, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other Person.

  • Intended Third Party Beneficiaries Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trustee and the NIMS Insurer receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trustee and the NIMS Insurer as if they were parties to this Agreement, and the Trustee and the NIMS Insurer shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement or the Credit Risk Manager Agreement. Notwithstanding the foregoing, all rights and obligations of the Trustee and the Master Servicer hereunder (other than the right to indemnification) shall terminate upon the termination of the Trust Fund pursuant to the Trust Agreement and all rights of the NIMS Insurer set forth in this Agreement (other than the right of indemnification) shall exist only so long as the NIM Securities issued pursuant to the NIMS Transaction remain outstanding or the NIMS Insurer is owed amounts in respect of its guarantee of payment on such NIM Securities.

  • 8No Third-Party Beneficiaries This Agreement will not be construed to create any obligation by either ICANN or Registry Operator to any non-party to this Agreement, including any registrar or registered name holder.

  • Third Party Beneficiary The Owner Trustee is a third-party beneficiary to this Agreement and is entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were a party hereto.

  • No Third Party Beneficiary Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person other than the Company, the parties hereto and their respective heirs, personal representatives, legal representatives, successors and assigns, any rights or remedies under or by reason of this Agreement.

  • Assignment; Third Party Beneficiaries Neither this Agreement nor any of the rights, interests or obligations of any party hereunder shall be assigned by any of the parties hereto (whether by operation of law or otherwise) without the prior written consent of the other party. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns. This Agreement is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder.

  • Assignment; No Third Party Beneficiaries 5.2.1 This Agreement and the rights, duties and obligations of the Company hereunder may not be assigned or delegated by the Company in whole or in part. 5.2.2 Prior to the expiration of the Founder Shares Lock-up Period or the Private Placement Lock-up Period, as the case may be, no Holder may assign or delegate such Holder’s rights, duties or obligations under this Agreement, in whole or in part, except in connection with a transfer of Registrable Securities by such Holder to a Permitted Transferee but only if such Permitted Transferee agrees to become bound by the transfer restrictions set forth in this Agreement. 5.2.3 This Agreement and the provisions hereof shall be binding upon and shall inure to the benefit of each of the parties and its successors and the permitted assigns of the Holders, which shall include Permitted Transferees. 5.2.4 This Agreement shall not confer any rights or benefits on any persons that are not parties hereto, other than as expressly set forth in this Agreement and Section 5.2 hereof. 5.2.5 No assignment by any party hereto of such party’s rights, duties and obligations hereunder shall be binding upon or obligate the Company unless and until the Company shall have received (i) written notice of such assignment as provided in Section 5.1 hereof and (ii) the written agreement of the assignee, in a form reasonably satisfactory to the Company, to be bound by the terms and provisions of this Agreement (which may be accomplished by an addendum or certificate of joinder to this Agreement). Any transfer or assignment made other than as provided in this Section 5.2 shall be null and void.

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