Common use of Content Protection Requirements and Obligations Clause in Contracts

Content Protection Requirements and Obligations. Licensee shall, at Licensee’s cost, at all times during the Term comply with the content protection requirements and obligations attached hereto as Attachment A and incorporated herein by this reference; provided however, and notwithstanding anything to the contrary herein (including, without limitation, the provisions of Section 10.1 above), if Licensor or any other SPE Entity allows any Other Provider to employ less restrictive content protection for the comparable exhibition (comparable with respect to territory, platform and device) of any Included Program(s) than that required hereunder (including, without limitation, the content protection requirements and obligations set forth in this Section 10 and/or Attachment A hereto), then Licensor shall promptly inform Licensee thereof and of any directly related terms and conditions. Licensee shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match such directly related terms and conditions with respect to such Included Program(s) (if Licensee is not reasonably capable of complying with such 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 respect to all platforms of the Licensed Service; it being agreed and acknowledged by Licensee that Licensor may be able accommodate some but not all platforms despite commercially reasonable efforts). Licensor will impose any such terms and conditions on a non-discriminatory basis. If Licensee so elects to match, this Agreement shall be deemed automatically amended to incorporate such directly related terms and conditions, including, without limitation, such less restrictive content protection requirements for the exhibition of such Included Programs. For the avoidance of doubt, Licensee shall be entitled to enjoy the benefits of this Section 10.5 regardless of whether Licensor avails itself of the provisions of Section 10.1 above.