Exclusivity and Holdbacks. Licensor shall not exhibit or authorize third parties to exhibit each episode of such Program within the Territory in the Licensed Language (a) prior to or during the License Period for such episode by means of Free Broadcast Television, Basic Television Service (including any Basic Television Services originating in the United States but commercially available in the Territory, including but not limited to A&E, AMC and TCM), Subscription Pay Television Service, Pay-Per-View Basis, FOD/AVOD howsoever delivered, or BDU SVOD and (b) prior to or during the first six (6) months of such episode’s License Period by means of SVOD other than BDU SVOD. Except as set forth in this section, in no event shall there be any restrictions on Licensor’s right to exploit such Program. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit such Program by means of Non-Theatrical Exhibition. During the License Period for such Program, Licensor shall exercise affirmative, reasonable efforts to use, and to cause its licensees to use, industry-standard geofiltering technologies in connection with the exhibition of such Program on FOD/AVOD services outside the Territory.
Exclusivity and Holdbacks. Licensor shall not exhibit nor authorize third parties to exhibit a Program episode within the Territory in the Licensed Language by means of (a) Free Broadcast Television, Basic Television Service, Subscription Pay Television Service, FOD/AVOD (howsoever delivered), Near Video-on-Demand Basis, Pay-Per-View Basis or Canadian-Originating SVOD (howsoever delivered), before or during the Broadcast Year in which such Program episode has its initial original (i.e., first run) exhibition on the applicable U.S. Network, or (b) VOD (howsoever delivered) or digitally-delivered home entertainment (aka electronic sell-through) including digital locker services (howsoever delivered) before or during the calendar day on which such Program episode has its initial original exhibition on a Free TV Licensed Service, except that there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit Program episodes by (i) means of any SVOD services (howsoever delivered) that are not Canadian-Originating SVOD, (ii) means of any service (other than Free Broadcast Television services, Basic Television Services and/or Subscription Pay Television Services) majority owned and operated by Licensor, its parent or affiliate companies, (iii) any means in a language other than the Licensed Language or (iv) Non-Theatrical Exhibition. Except as set forth in this section, in no event shall there be any restrictions on Licensor’s right to exploit any of the Program episodes licensed hereunder. During the Output Term, Licensor shall exercise reasonable efforts to use, and to cause its licensees to use, reasonable geofiltering technologies in connection with the exhibition of Program episodes on FOD/AVOD services outside the Territory.
Exclusivity and Holdbacks. During the License Period for a First Run Feature, Licensor shall not exhibit nor authorize third parties to exhibit such First Run Feature within the Territory in the Licensed Language by means of Free Broadcast Television, Basic Television Service, Subscription Pay Television Service, Pay Per View Basis, FOD/AVOD, or Canadian-Originating SVOD, except that there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit First Run Features by means of (a) any SVOD services that are not Canadian-Originating SVOD or (b) any service (other than Free Broadcast Television services, Basic Television Services and/or Subscription Pay Television Services) majority owned and operated by Licensor, its parent or affiliate companies. Except as set forth in this section, in no event shall there be any restrictions on Licensor’s right to exploit any of the First Run Features. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit First Run Features by means of Non-Theatrical Exhibition. During the License Period for a First Run Feature, Licensor shall exercise affirmative, reasonable efforts to use, and to cause its licensees to use, industry-standard geofiltering technologies in connection with the exhibition of such First Run Feature on FOD/AVOD services outside the Territory.
Exclusivity and Holdbacks. Prior to and during the First License Period, and during the Second License Period of any Picture, Licensor shall not license or authorize any Television exhibition (other than on the STE Services) of such Picture or the promotion of any Television exhibition (other than promotion of exhibition on the STE Services) of such Picture to any party in the Territory; provided, however, pre-promotion of an immediately following non-Pay Television exhibition may be allowed during the final 30 days of the Second License Period. In addition to the foregoing, Licensor shall not license any Picture to, or authorize the promotion of (1) the exhibition of any Picture by, any Pay Television service exhibited in the Territory (other than STE) or (2) electronic transmission (other than In-Store Digital Download) or exhibition of an intangible format embodying a Picture on a subscription, commercial free basis until after the Second License Period, except as set forth below. Licensor shall not license or authorize the distribution of any Picture via In-Store Digital Download on a subscription basis prior to the end of the First License Period for such Picture.
(i) Notwithstanding Section 2(b) above, (A) Licensor may exhibit (and authorize the exhibition of) the Pictures by PPV and VOD, and promote (and authorize the promotion of) such exhibition, in the Territory at any time other than during the License Periods,
Exclusivity and Holdbacks. In no event shall there be any restrictions on Licensor’s right to exploit (a) any Library Series that is already under license to one or more Free Broadcast Television services, Basic Television Services or Subscription Pay Television Services in the Territory as of its Availability Date hereunder, (b) any Library Series that is licensed hereunder solely for exhibition on an SVOD Standalone basis (i.e., not for exhibition on the Basic TV Service(s)) or (c) any of the Library Films. For each season of each Library Series that is licensed hereunder for exhibition on the Basic TV Service(s) and is not already under license to one or more Free Broadcast Television services, Basic Television Services or Subscription Pay Television Services in the Territory as of its Availability Date hereunder, Licensor shall not exhibit nor authorize third parties to exhibit such season within the Territory in the Licensed Language by means of Free Broadcast Television, Basic Television Service or Subscription Pay Television Service during the period commencing with the Availability Date of such season and ending one (1) year after the Availability Date of the last season of such Library Series licensed hereunder. Except as set forth in this section, in no event shall there be any restrictions on Licensor’s right to exploit any of the Library Programs. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit Library Programs by means of Non-Theatrical Exhibition.
Exclusivity and Holdbacks. Licensor shall not exhibit nor authorize third parties to exhibit such Program (i.e., Season 1 only) within the Territory in the Licensed Language by means of (a) Free Broadcast Television, Basic Television Service, Subscription Pay Television Service, Pay-Per-View Basis or FOD/AVOD howsoever delivered prior to or during such Program’s License Period, or (b) SVOD howsoever delivered prior to August 31, 2012. Except as set forth in the foregoing sentence, in no event shall there be any restrictions on Licensor’s right to exploit such Program. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit such Program by means of Non-Theatrical Exhibition.
Exclusivity and Holdbacks. Prior to and during the License Period for each episode of such Program, Licensor shall not exhibit or authorize third parties to exhibit such episode within the Territory in the Licensed Language by means of Free Broadcast Television, Basic Television Service (including any Basic Television Services originating in the United States but commercially available in the Territory, including but not limited to A&E, AMC and TCM), Subscription Pay Television Service, Pay-Per-View Basis, FOD/AVOD howsoever delivered or SVOD howsoever delivered. Except as set forth in this section, in no event shall there be any restrictions on Licensor’s right to exploit such Program. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit such Program by means of Non-Theatrical Exhibition. During the License Period for such Program, Licensor shall exercise affirmative, reasonable efforts to use, and to cause its licensees to use, industry-standard geofiltering technologies in connection with the exhibition of such Program on FOD/AVOD services outside the Territory.
Exclusivity and Holdbacks. For each episode of such Program other than Seasons 1-3, Licensor shall not exhibit or authorize third parties to exhibit such episode within the Territory in the Licensed Language (a) prior to or during the License Period, by means of Free Broadcast Television, Basic Television Service (including any Basic Television Services originating in the United States but commercially available in the Territory, including but not limited to A&E, AMC and TCM), Subscription Pay Television Service, Pay-Per-View Basis or FOD/AVOD howsoever delivered and (b) prior to or during the first eighteen (18) months following the Availability Date, by SVOD howsoever delivered. For the avoidance of doubt, in no event shall there be any restrictions hereunder on Licensor’s right to exploit Seasons 1-3 such Program by any means. Except as set forth in this section, in no event shall there be any restrictions on Licensor’s right to exploit such Program. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit such Program by means of Non-Theatrical Exhibition. During the License Period for such Program, Licensor shall exercise affirmative, reasonable efforts to use, and to cause its licensees to use, industry-standard geofiltering technologies in connection with the exhibition of such Program on FOD/AVOD services outside the Territory.
Exclusivity and Holdbacks. Licensor shall not exhibit or authorize the exhibition of the Program in the Licensed Languages in the Territory during any portion of such Program’s License Term by means of any Basic Television Service (whether by linear transmission or the Internet simulstream thereof). Licensor shall not exhibit or authorize the exhibition of the Program in the Licensed Languages in the Territory by means of any subscription video-on-demand service during the period from the Start Date to February 29, 2016; except that Licensor may authorize a single third party operator of subscription video-on-demand services in each portion of the Territory to exhibit such Program in such portion of the Territory during such portion of the Program’s License Term. The Parties agree that as of the date hereof such third party shall be DLA, Inc, and in the event DLA, Inc is no longer that third party then Licensor agrees to notify Licensee of any third-party operator(s) of a subscription video-on-demand services to which Licensor licenses subscription video-on-demand rights in any portion of the Territory prior to February 29, 2016. Licensor shall not exhibit or authorize the exhibition of the Program in the Licensed Languages by means of Free Broadcast Television during the period from the Start Date to July 10, 2015. For the avoidance of doubt, (A) at no time shall the exclusivity and holdbacks set forth herein extend to exhibition of the Program in Bermuda or the Bahamas, which such rights Licensor expressly reserves on a non-exclusive basis during the applicable License Term, and (B) except as expressly stated above, there shall be no restriction on Licensor’s ability to exploit the Program in the Territory or elsewhere by any other means, including without limitation, Free Broadcast Television, Subscription Pay Television services, pay-per-view, transactional video-on-demand, free video-on-demand, subscription video-on-demand or digitally delivered home entertainment (regardless of the means of delivery).
Exclusivity and Holdbacks. During the License Period for each episode of such Program, Licensor shall not exhibit or authorize third parties to exhibit such episode within the Territory in the Licensed Language by means of Free Broadcast Television, Basic Television Service (including any Basic Television Services originating in the United States but commercially available in the Territory, such as History (currently not available in Canada), PeachTree, TBS and TNT (TNT not available in Canada) and A&E, AMC, TCM), Subscription Pay Television Service, Pay-Per-View Basis, FOD/AVOD howsoever delivered or SVOD howsoever delivered.
