Common use of Content Distributor Third-Party Beneficiary Rights Clause in Contracts

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.

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,Provider, together with any Fellow Content Distributor(s) that is (or are) Qualified Operator(s) or Qualified Content Owner(sOwnerProvider(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 pursuant to 6.3.4 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.

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,Provider, together with any Fellow Content Distributor(s) that is (or are) Qualified Operator(s) or Qualified Content Owner(sOwnerProvider(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. Such entitlement shall be subject to the limits and to the full satisfaction of the relevant conditions set out in the Adopter Agreement(s) and the Form Adoption Agreement. 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. Where the breach can be cured or damages minimized with reasonable effort using Revocation, Third Party Beneficiary rights shall be limited to Revocation.