Expiry of the Format Holdback Period. Following expiry of the Format Holdback Period, the Producer warrants and undertakes that it shall not itself and shall not authorise any third party to exploit the Changed Format Programme(s) in the Territory, without granting to Channel 4 (and its Associate(s)) an exclusive right of first negotiation to acquire all rights to exploit the Changed Format Programme(s) via any Distribution System in the Territory as described herein. For 40 days from written notice from the Producer and/or the distributor of the rights in and to the Changed Format Programme(s) (whichever entity is exploiting the rights in the Changed Format Programme(s) shall be described for the purposes hereof as the “Format Distributor”), Channel 4 shall have the first option to negotiate to acquire such of the rights in the Changed Format Programme(s) as Channel 4 requires for similar programme acquisitions and the Format Distributor shall enter into good faith negotiations with Channel 4 in respect of the same before entering into negotiations with any third party (“Exclusive Negotiating Period”). If Channel 4 and the Format Distributor do not agree terms within the Exclusive Negotiating Period the Format Distributor shall not be entitled to discuss terms for the Changed Format Programme(s) with a third party until 10 days after the expiry of the Exclusive Negotiating Period. Thereafter, the Format Distributor shall not offer any third party more favourable terms than have been last offered to Channel 4 with respect to the relevant right without offering Channel 4 the right to match such terms.
Appears in 4 contracts
Samples: Commissioning Agreement, Commissioning Agreement, Commissioning Agreement
Expiry of the Format Holdback Period. Following expiry of the Format Holdback Period, the Producer warrants and undertakes that it shall not itself and shall not authorise any third party to exploit the Changed Format Programme(s) in the Territory, without granting to Channel 4 (and its Associate(s)) an exclusive right of first negotiation to acquire all rights to exploit the Changed Format Programme(s) via any Distribution System in the Territory as described herein. For 40 days from written notice from the Producer and/or the distributor of the rights in and to the Changed Format Programme(s) (whichever entity is exploiting the rights in the Changed Format Programme(s) shall be described for the purposes hereof as the “Format Distributor”), Channel 4 shall have the first option to negotiate to acquire such of the rights in the Changed Format Programme(s) as Channel 4 requires for similar programme acquisitions and the Format Distributor shall enter into good faith negotiations with Channel 4 in respect of the same before entering into negotiations with any third party (“Exclusive Negotiating Period”). If Channel 4 and the Format Distributor do not agree terms within the Exclusive Negotiating Period the Format Distributor shall not be entitled to discuss terms for the Changed Format Programme(s) with a third party until 10 days after the expiry of the Exclusive Negotiating Period. Thereafter, the Format Distributor shall not offer any third party more favourable terms than have been last offered to Channel 4 with respect to the relevant right without offering Channel 4 the right to match such terms.
26. REPEAT FEES: Channel 4 shall pay repeat fees to the Producer for third and subsequent transmissions on the Channel 4 Service (including for no further fee Catch Up TV Rights) in accordance with its current published tariff of repeat fees for the Channel 4 Service. For the avoidance of doubt no repeat fees shall be payable to the Producer in respect of Narrative Repeat(s). In respect of premieres on the More4 Service Channel 4 shall pay repeat fees for subsequent sets of 8 More4 Playday(s) on the More4 Service (including for no further fee Catch Up TV Rights) of 1% of the Channel 4 Licence Fee to purchase 8 M4 Playday(s) (and Catch Up TV Rights for the same) in all of the Programme(s) for a 2 year period for each set of More4 Playday(s) starting from first transmission of the last episode of the Programme(s) in each set of 8 More4 Playday(s). Provided that the Producer supplies proper and accurate clearance paperwork and provided that clearance costs are in accordance with Channel 4 agreed and unamended collective licensing and union agreement rates or have been otherwise pre- agreed by Channel 4, Channel 4 undertakes to make such clearance payments to third party contributors in respect of such subsequent transmissions on the Channel 4 Service and in respect of all transmissions on the More4 Service (if the Programme(s) do not premiere on the More4 Service) unless pre-cleared in accordance with the Programme Specific Terms. No repeat fees shall be payable to the Producer in respect of Channel 4’s exercise of any of the Catch Up TV Rights and/or Timeshift Rights except as provided as follows. In respect of a More4 premiere, Channel 4 agrees that Channel 4 will pay repeat fees to the Producer for subsequent transmissions of the Programme(s) on the Channel 4 Service at the rate of 2% of the Channel 4 Licence Fee for 2 (two) transmissions by means of the Channel 4 Service Rights (including for no further fee accompanying Catch Up TV Rights, Timeshift Rights, Narrative Repeat(s)) and thereafter Channel 4 shall pay repeat fees to the Producer for third and subsequent transmissions on the Channel 4 Service (including for no further fee accompanying Catch Up TV Rights), in accordance with its current published tariff of repeat fees for the Channel 4 Service. If Channel 4 wishes to exercise the Timeshift Rights to accompany third and/or subsequent transmissions on the Channel 4 Service then Channel 4 shall pay 20% of the relevant Channel 4 repeat fee for such use. If Channel 4 has not used the Timeshift Rights on the first or second transmission on the Channel 4 Service then Channel 4 shall be entitled to use the Timeshift Rights in conjunction with the third transmission on the Channel 4 Service for no repeat fee.
Appears in 2 contracts
