Common use of Exclusivity and Holdbacks Clause in Contracts

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. During the License Period for a First Run Feature, Licensor shall not exhibit nor authorize third parties to exhibit such First Run Feature each MOW within the Territory in the Licensed Language during its License Period by means of Free Broadcast Television, Basic Television Service, Subscription Pay Television Service, Pay Per 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) MOWs (i.e., both First-Run MOWs and Library MOWs) on (i) any SVOD services that are not Canadian-Originating SVOD or (bii) any service (other than Free Broadcast Television servicesservices wholly, Basic Television Services and/or Subscription Pay Television Services) majority owned and operated by Licensor, its parent or affiliate companies, howsoever delivered, and (b) Library MOWs that Licensor identifies in the applicable availability list as being previously licensed to a 3rd party in the Territory. 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 FeaturesMOWs. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit First Run Features MOWs by means of Non-Theatrical Exhibition. During the License Period for a First First-Run FeatureMOW, 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 MOW 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 each MOW within the Territory in the Licensed Language during its License Period by means of Free Broadcast Television, Basic Television Service, Subscription Pay Television Service, Pay Per 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) MOWs (i.e., both First-Run MOWs and Library MOWs) on (i) any SVOD services that are not Canadian-Originating SVOD or (bii) 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, and (b) Library MOWs that Licensor identifies in the applicable availability list as being previously licensed to a 3rd party in the Territory. 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 FeaturesMOWs. For the avoidance of doubt, there shall be no restrictions on Licensor’s right to exhibit and authorize others to exhibit First Run Features MOWs by means of Non-Theatrical Exhibition. During the License Period for a First First-Run FeatureMOW, 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 MOW on FOD/AVOD services outside the Territory.