Current PPV Program and Current VOD Program Deemed Price MFN for Licensee. Commencing on the day after the three year anniversary of the Effective Date, Licensor shall promptly notify Licensee in writing of any directly related terms and conditions of any output or package (of more than 5 titles) agreement it or any other SPE Entity enters or has entered into with any Other Provider in which Licensor agrees to offer more favorable deemed prices (or equivalent concepts) to such Other Provider licensing comparable motion pictures (comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features) on a Pay-Per-View or Video-On-Demand basis (other than on a day and date basis), as the case may be, than the deemed price agreed to hereunder with respect to any Current PPV Program or Current VOD Program, as applicable. Licensee shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to such more favorable (to Licensee) deemed prices, provided Licensee agrees to any directly related terms and conditions. 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 which Licensee is capable of complying with respect to one or more platforms of the Licensed Service. Licensor will impose any such terms or conditions on a non-discriminatory basis. If Licensee exercises the foregoing right, this Agreement shall be deemed automatically amended to incorporate such directly related (or substantially comparable) terms and conditions, including, without limitation, such more favorable (to Licensee) deemed prices (or equivalent concepts); provided, that if such more favorable (to Licensee) deemed price (or equivalent concept) is offered to an Other VOD Provider, such more favorable deemed price (or equivalent concept) shall be applicable to Current VOD Programs and Current PPV Programs hereunder. For the avoidance of doubt, a more favorable (to Licensee) deemed price (or equivalent concept) offered to an Other PPV Provider shall not be applicable to any Current VOD Program.
Appears in 4 contracts
Samples: License Agreement, License Agreement, License Agreement
