Common use of EXERCISE OF SECONDARY RIGHTS Clause in Contracts

EXERCISE OF SECONDARY RIGHTS. The Producer undertakes and warrants not to exploit the Secondary Rights (as more specifically described in Schedule 2) (a) in the Territory during the Term until first transmission of the Programme(s) (or until first transmission of the last episode of the Programme(s) if a Series) on the Channel 4 Service or More4 Service other than: (i) the DTO Right(s) (the holdback provisions for which are set out in Clause 20 of the General Terms of Agreement; (ii) the Clip Sales Rights (the holdback provisions for which are set out in Clause 29 of the General Terms of Agreement; and (iii) the Radio Rights (the Channel 4 first option in relation to which is set out at Clause 28 of the General Terms of Agreement OR (b) If there has not been any transmission of any of the Programme(s) on the Channel 4 Service or the More 4 Service during the 12 month period after Delivery of such Programme(s) then the Producer may exploit the Secondary Rights in such Programme(s) outside the Territory 12 months after Delivery of such Programme(s) or after first transmission of the Programme(s) in the Territory (after transmission of the last episode of the Programme(s) if a Series) whichever is sooner. Channel 4 shall aim to assist the Producer with co-ordination of book publication or release of the soundtrack album in connection with the Producer's exploitation of the Secondary Rights. The Producer shall not be in breach of its undertaking hereunder if and to the extent that it unknowingly breaches the foregoing holdback provision relating to first exploitation of book publication or the soundtrack album because of a change in Channel 4’s transmission plans which results in first transmission of the Programme(s) on the Channel 4 Service or More 4 Service being delayed or cancelled.

EXERCISE OF SECONDARY RIGHTS. The Producer undertakes and warrants not to exploit the Secondary Rights (as more specifically described in Schedule 2) (a) in the Territory during the Term until first transmission of the Programme(s) (or until first transmission of the last episode of the Programme(s) if a Series) on the Channel 4 Service or More4 Service other than: (i) the DTO Right(s) (the holdback provisions for which are set out in Clause 20 of the General Terms of Agreement; (ii) the Clip Sales Rights (the holdback provisions for which are set out in Clause 29 of the General Terms of Agreement; and (iii) the Radio Rights (the Channel 4 first option in relation to which is set out at Clause 28 of the General Terms of Agreement OR (b) If there has not been any transmission of any of the Programme(s) on the Channel 4 Service or the More 4 More4 Service during the 12 month period after Delivery of such Programme(s) then the Producer may exploit the Secondary Rights in such Programme(s) outside the Territory 12 months after Delivery of such Programme(s) or after first transmission of the Programme(s) in the Territory (after transmission of the last episode of the Programme(s) if a Series) whichever is sooner. Channel 4 shall aim to assist the Producer with co-ordination of book publication or release of the soundtrack album in connection with the Producer's exploitation of the Secondary Rights. The Producer shall not be in breach of its undertaking hereunder if and to the extent that it unknowingly breaches the foregoing holdback provision relating to first exploitation of book publication or the soundtrack album because of a change in Channel 4’s transmission plans which results in first transmission of the Programme(s) on the Channel 4 Service or More 4 More4 Service being delayed or cancelled.