Common use of EXPLOITATION OF VOD RIGHTS Clause in Contracts

EXPLOITATION OF VOD RIGHTS. (a) In further consideration of Channel 4’s agreement to pay the Channel 4 Licence Fee and subject always to the terms of this Agreement the Producer hereby grants to Channel 4 (and its Associate(s)) an exclusive extendable (in accordance with this Agreement) licence in the Territory of the VOD Rights in the Broadcast Programme(s) for exploitation on Channel 4 Video on Demand Services from the start of the Term until the expiry of the period(s) set out below (hereinafter referred to individually and collectively as the “Channel 4 VOD Window(s)”) and grants to Channel 4 (and its Associate(s)) a non-exclusive extendable licence in the VOD Rights in the Broadcast Programme(s) in the Territory as further set out below, and both parties agree neither to exploit nor to authorise the exploitation of the VOD Rights in the Territory otherwise than as set out below and elsewhere in this Agreement. For the avoidance of doubt Channel 4 shall not exploit the VOD Rights (subject to Clause 23) or authorise exploitation of the VOD Rights outside the Territory. (i) Single Programmes and One-off Series In respect of Programme(s) which do not form part of a Series or which form part of a Series which is a one-off Series (but is not a Relevant Series), the Channel 4 VOD Window(s) will expire 6 (six) months after 24:00 of the date of the first transmission of the Programme(s) on the Channel 4 Service or the More4 Service or 6 (six) months after 24:00 of the date of the first transmission of the last episode of the Series which is a one-off Series on the Channel 4 Service or the More4 Service. After expiry of the Channel 4 VOD Window(s) as described in this clause the Producer hereby grants to Channel 4 (and its Associate(s)) a non-exclusive licence to exploit the VOD Right(s) in the Broadcast Programme(s) in the Territory until expiry of the Term and as additionally set out in Appendix 2 and the Producer shall, subject to sub- clauses 19 (f) and (g) below and the Producer paying Channel 4 the share of Net VOD Receipts due to Channel 4 as set out in Clause 12 (b) of the Programme Specific Terms derived from the Producer’s exploitation of the VOD Rights in the manner set out Clause 22 of the General Terms of Agreement, be entitled to exploit the non-exclusive VOD Rights in the Broadcast Programme(s). (ii) Relevant Series (a) The Channel 4 VOD Window(s) in each Relevant Series shall expire on the later of: (a) 15 (fifteen) months after 24:00 of the date of the first transmission on the Channel 4 Service or More4 Service of the last episode of the programme(s) in the Relevant Series or, (b) 3 (three) months after 24:00 of the date of the first transmission on the Channel 4 Service or More4 Service of the last episode of the next Relevant Series (such window being a "2 series rolling Channel 4 VOD Window" which shall, for the avoidance of doubt , apply to all Relevant Series). Channel 4 shall be entitled to a 30 day exclusive negotiating period (to begin 30 days prior to the end of the Channel 4 VOD Window(s) for each Relevant Series) to extend the Channel 4 VOD Window(s) for each Relevant Series. After the expiry of the Channel 4 VOD Window(s) in such Relevant Series the Producer hereby grants to Channel 4 (and its Associate(s)) a non-exclusive licence to exploit the VOD Right(s) in the Broadcast Programme(s) in the Territory until expiry of the term of the final Relevant Series and as additionally set out in Appendix 2 and the Producer shall, subject to sub- clauses 19 (f) and (g) below and the Producer paying Channel 4 the share of Net VOD Receipts due to Channel 4 as set out in Clause 12 (b) of the Programme Specific Terms derived from the Producer’s exploitation of the VOD Rights in the manner set out Clause 22 of the General Terms of Agreement, be entitled to exploit the non-exclusive VOD Rights in the Broadcast Programme(s). (b) The Channel 4 VOD Window(s) in the final Relevant Series (being the last Relevant Series which Channel 4 does not wish to re-commission) shall expire 9 (nine) months after 24:00 of the date of the first transmission on the Channel 4 Service or the More4 Service of the last programme in that final Relevant Series and thereafter the Producer hereby grants to Channel 4 (and its Associate(s)) a non-exclusive licence to exploit the VOD Right(s) in the Broadcast Programme(s) in the Territory until expiry of the term of that final Relevant Series and as additionally set out in Appendix 2. (iii) In respect of Programme(s) which do not form part of a Series, or which form part of a Series which is not a Relevant Series, Channel 4 shall be entitled to negotiate exclusively at any time from the start of the Term until expiry of the Channel 4 VOD Window(s) to extend the Channel 4 VOD Window(s) in respect of such Programme(s). (iv) For the avoidance of doubt and without prejudice to the Producer’s other rights in the Programme(s), the VOD Rights in the Territory during the Term (or where a Relevant Series until expiry of the Term of the final Relevant Series and as additionally set out in Appendix 2) may only ever be exercised by the Producer in respect of the Broadcast Programme(s) and subject to the clips provisions of Clause 29 of the General Terms not in respect of any other elements of the Programme(s).

EXPLOITATION OF VOD RIGHTS. (a) In further consideration of Channel 4’s agreement to pay the Channel 4 Licence Fee and subject always to the terms of this Agreement the Producer hereby grants to Channel 4 (and its Associate(s)) an exclusive extendable (in accordance with this Agreement) licence in the Territory of the VOD Rights in the Broadcast Programme(s) for exploitation on Channel 4 Video on Demand Services from the start of the Term until the expiry of the period(s) set out below (hereinafter referred to individually and collectively as the “Channel 4 VOD Window(s)”) and grants to Channel 4 (and its Associate(s)) a non-non- exclusive extendable licence in the VOD Rights in the Broadcast Programme(s) in the Territory as further set out below, and both parties agree neither to exploit nor to authorise the exploitation of the VOD Rights in the Territory otherwise than as set out below and elsewhere in this Agreement. For the avoidance of doubt Channel 4 shall not exploit the VOD Rights (subject to Clause 23) or authorise exploitation of the VOD Rights outside the Territory. (i) Single Programmes and One-off Series In respect of Programme(s) which do not form part of a Series or which form part of a Series which is a one-off Series (but is not a Relevant Series), the Channel 4 VOD Window(s) will expire 6 (six) months after 24:00 of the date of the first transmission of the Programme(s) on the Channel 4 Service or the More4 Service or 6 (six) months after 24:00 of the date of the first transmission of the last episode of the Series which is a one-off Series on the Channel 4 Service or the More4 Service. After expiry of the Channel 4 VOD Window(s) as described in this clause the Producer hereby grants to Channel 4 (and its Associate(s)) a non-exclusive licence to exploit the VOD Right(s) in the Broadcast Programme(s) in the Territory until expiry of the Term and as additionally set out in Appendix 2 and the Producer shall, subject to sub- clauses 19 (f) and (g) below and the Producer paying Channel 4 the share of Net VOD Receipts due to Channel 4 as set out in Clause 12 (b) of the Programme Specific Terms derived from the Producer’s exploitation of the VOD Rights in the manner set out Clause 22 of the General Terms of Agreement, be entitled to exploit the non-exclusive VOD Rights in the Broadcast Programme(s). (ii) Relevant Series (a) The Channel 4 VOD Window(s) in each Relevant Series shall expire on the later of: (a) 15 (fifteen) months after 24:00 of the date of the first transmission on the Channel 4 Service or More4 Service of the last episode of the programme(s) in the Relevant Series or, (b) 3 (three) months after 24:00 of the date of the first transmission on the Channel 4 Service or More4 Service of the last episode of the next Relevant Series (such window being a "2 series rolling Channel 4 VOD Window" which shall, for the avoidance of doubt , apply to all Relevant Series). Channel 4 shall be entitled to a 30 day exclusive negotiating period (to begin 30 days prior to the end of the Channel 4 VOD Window(s) for each Relevant Series) to extend the Channel 4 VOD Window(s) for each Relevant Series. After the expiry of the Channel 4 VOD Window(s) in such Relevant Series the Producer hereby grants to Channel 4 (and its Associate(s)) a non-exclusive licence to exploit the VOD Right(s) in the Broadcast Programme(s) in the Territory until expiry of the term of the final Relevant Series and as additionally set out in Appendix 2 and the Producer shall, subject to sub- clauses 19 (f) and (g) below and the Producer paying Channel 4 the share of Net VOD Receipts due to Channel 4 as set out in Clause 12 (b) of the Programme Specific Terms derived from the Producer’s exploitation of the VOD Rights in the manner set out Clause 22 of the General Terms of Agreement, be entitled to exploit the non-non- exclusive VOD Rights in the Broadcast Programme(s). (b) The Channel 4 VOD Window(s) in the final Relevant Series (being the last Relevant Series which Channel 4 does not wish to re-commission) shall expire 9 (nine) months after 24:00 of the date of the first transmission on the Channel 4 Service or the More4 Service of the last programme in that final Relevant Series and thereafter the Producer hereby grants to Channel 4 (and its Associate(s)) a non-exclusive licence to exploit the VOD Right(s) in the Broadcast Programme(s) in the Territory until expiry of the term of that final Relevant Series and as additionally set out in Appendix 2. (iii) In respect of Programme(s) which do not form part of a Series, or which form part of a Series which is not a Relevant Series, Channel 4 shall be entitled to negotiate exclusively at any time from the start of the Term until expiry of the Channel 4 VOD Window(s) to extend the Channel 4 VOD Window(s) in respect of such Programme(s). (iv) For the avoidance of doubt and without prejudice to the Producer’s other rights in the Programme(s), the VOD Rights in the Territory during the Term (or where a Relevant Series until expiry of the Term of the final Relevant Series and as additionally set out in Appendix 2) may only ever be exercised by the Producer in respect of the Broadcast Programme(s) and subject to the clips provisions of Clause 29 of the General Terms not in respect of any other elements of the Programme(s).