Common use of Exclusivity and Holdbacks Clause in Contracts

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. Prior to or during the License Period for each episode of such Program, Licensor shall not exhibit or authorize third parties to exhibit each such 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, Basis or 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, in no event shall there be any restrictions on Licensor’s right to exploit such Program by means of SVOD, howsoever delivered. 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.