Exhibition Commitment MFN for Current VOD Programs for Licensor. If, pursuant to a output or package (of more than 5 titles) agreement with a feature film provider, Licensee has an agreement to (i) make available during the Term by means of Video-On-Demand a greater number of such feature film provider’s motion pictures than the number of comparable Current VOD Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features) that Licensee has agreed hereunder to make available on a Video-On-Demand basis, or (ii) store any such feature film provider’s motion pictures made available during the Term on a Push Downloaded basis on Set-Top Boxes for a longer duration than Licensor has agreed hereunder to store comparable Current VOD Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features), or (iii) make available by Closed IP any such feature film provider’s motion pictures for a longer period of time than Licensor has agreed hereunder to make comparable Current VOD Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features) available by Closed IP, or (iv) afford faster download transmission speeds to any other feature film provider over Closed IP, then Licensee shall promptly notify Licensor in writing thereof and of all directly related terms and conditions contained in such output or package (of more than 5 titles) agreement. Licensor shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match all such directly related terms and conditions, and, if Licensor exercises such right, this Agreement shall be deemed automatically amended to incorporate all such directly related terms and conditions, including, without limitation, the greater number of Current VOD Programs “pushed” to Set-Top Boxes, the longer storage duration or the longer period of Closed IP availability, in each case only with respect to such comparable Current VOD Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features). If such more favorable treatment is with respect to a package/limited number of titles, Licensor shall have the right to designate which comparable Current VOD Program(s) (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features) shall benefit from such more favorable treatment.
Appears in 5 contracts
Samples: License Agreement, License Agreement, License Agreement
