Common use of Grant of Distribution Rights Clause in Contracts

Grant of Distribution Rights. DIRECTV grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non-Select Services as defined in Section 1(c) of these Terms and Conditions) transmitted over the HCG Frequencies directly to “Committed Member Residences”, as such term was defined in such Member’s Existing Member Agreement (as amended, including the Exhibits thereto). Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences shall be the same as the Programming provided and the terms and conditions in effect under Member’s Existing Member Agreement, subject to amendment by DIRECTV from time to time. Any Committed Member Residence and/or Commercial Establishment, as applicable, which subscribes to Programming shall be deemed a “Subscriber” under these Terms and Conditions. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area(s) acquired by Member (or any predecessor(s)-in-interest) under its (or their ) Existing Member Agreement(s). Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non-Select Services) directly to commercial establishments such as hotels, bars and similar establishments (collectively, “Commercial Establishments”), with such Commercial Establishments being determined by and limited to those locations within counties or zip codes for which Member had the same rights with respect to Commercial Establishments under its Existing Member Agreement. The Programming that is available to be marketed and sold to Commercial Establishments shall be subject to amendment by DIRECTV from time to time. To the extent consistent with the Agreement (including these Terms and Conditions and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non-Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC, as master servicer for DIRECTV, of all sums required under the Agreement (including these Terms and Conditions), shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments (“Member Revenues”). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of these Terms and Conditions and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that DIRECTV may be unable to obtain the right for Member to distribute Programming to residences that have cable television service available.

Grant of Distribution Rights. DIRECTV NRTC grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non-Non Select Services as defined in Section 1(c) of these Terms and Conditions2(b)) transmitted over the HCG Frequencies directly to “Committed Member Residences”, Residences as such term was defined set forth in such Member’s Existing Member Agreement (as amended, including the Exhibits thereto)Exhibit C__. Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences shall are set forth in Exhibit H, which exhibit may be the same as the Programming provided and the terms and conditions in effect under Member’s Existing Member Agreement, subject to amendment amended by DIRECTV NRTC from time to time. Any Committed Member Residence and/or Commercial Establishment, Establishment as applicable, which subscribes to Programming shall be deemed a “"Subscriber” " under these Terms and Conditionsthis Agreement. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area(s) acquired by Member (or any predecessor(s)-in-interest) under its (or their ) Existing Member Agreement(s)area described in Exhibit C___, as appropriate. Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non-Non Select Services) directly to commercial establishments such as hotels, bars and similar establishments (collectively, “Commercial Establishments”), with such Commercial Establishments being determined by and limited to those locations within counties or zip codes for which Member had the same rights with respect to Commercial Establishments under its Existing has exercised Member AgreementContract Options C-2, X-0, X-0, X-0 xx C-9. The Programming that is available to be marketed and sold to Commercial Establishments shall be subject governed by the terms and conditions to amendment be set forth in Exhibit H-1, which exhibit may be amended by DIRECTV NRTC from time to time. To the extent consistent with the this Agreement (including these Terms and Conditions and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non-Non Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTCNRTC or HCG, as master servicer for DIRECTVappropriate, of all sums required under the Agreement (including these Terms and Conditions)this Agreement, shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments (“"Member Revenues”"). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of these Terms and Conditions this Agreement and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that DIRECTV NRTC may be unable to obtain the right for Member to distribute Programming to residences that have cable television service services available. With respect to Programming, NRTC shall pay to Member on a pro rata basis all other net revenues that NRTC receives from HCG which are directly attributable to Committed Member Residences and/or Commercial Establishments. The parties acknowledge that HCG does not now have the right to distribute all of the planned HCG DirecTv and has no obligation to NRTC or to Member to obtain all of such rights, but that HCG intends to use reasonable efforts to obtain all of such rights.

Grant of Distribution Rights. DIRECTV NRTC grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non-Non Select Services as defined in Section 1(c) of these Terms and Conditions2(b)) transmitted over the HCG Frequencies directly to “Committed Member Residences”, Residences as such term was defined set forth in such Member’s Existing Member Agreement (as amended, including the Exhibits thereto). Exhibit C. Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences shall are set forth in Exhibit H, which exhibit may be the same as the Programming provided and the terms and conditions in effect under Member’s Existing Member Agreement, subject to amendment amended by DIRECTV NRTC from time to time. Any Committed Member Residence and/or Commercial Establishment, Establishment as applicable, which subscribes to Programming shall be deemed a “"Subscriber” " under these Terms and Conditionsthis Agreement. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area(s) acquired by Member (or any predecessor(s)-in-interest) under its (or their ) Existing Member Agreement(s)area described in Exhibit C, as appropriate. Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non-Non Select Services) directly to commercial establishments such as hotels, bars and similar establishments (collectively, “Commercial Establishments”), with such Commercial Establishments being determined by and limited to those locations within counties or zip codes for which Member had the same rights with respect to Commercial Establishments under its Existing has exercised Member AgreementContract Options C-2, X-0, X-0, X-0 xx C-9. The Programming that is available to be marketed and sold to Commercial Establishments shall be subject governed by the terms and conditions to amendment be set forth in Exhibit H-1, which exhibit may be amended by DIRECTV NRTC from time to time. To the extent consistent with the this Agreement (including these Terms and Conditions and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non-Non Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTCNRTC or HCG, as master servicer for DIRECTVappropriate, of all sums required under the Agreement (including these Terms and Conditions)this Agreement, shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments (“"Member Revenues”"). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of these Terms and Conditions this Agreement and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that DIRECTV NRTC may be unable to obtain the right for Member to distribute Programming to residences that have cable television service services available. With respect to Programming, NRTC shall pay to Member on a pro rata basis all other net revenues that NRTC receives from HCG which are directly attributable to Committed Member Residences and/or Commercial Establishments. The parties acknowledge that HCG does not now have the right to distribute all of the planned HCG DirecTv and has no obligation to NRTC or to Member to obtain all of such rights, but that HCG intends to use reasonable efforts to obtain all of such rights.

Grant of Distribution Rights. DIRECTV grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non-Select Services as defined in Section 1(c) of these Terms and Conditions) transmitted over the HCG Frequencies directly to “Committed Member Residences”, as such term was defined in such Member’s Existing Member Agreement (as amended, including the Exhibits thereto). Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences shall be the same as the Programming provided and the terms and conditions in effect under Member’s Existing Member Agreement, subject to amendment by DIRECTV from time to time. Any Committed Member Residence and/or Commercial Establishment, as applicable, which subscribes to Programming shall be deemed a “Subscriber” under these Terms and Conditions. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area(s) acquired by Member (or any predecessor(s)-in-interest) under its (or their ) Existing Member Agreement(s). Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non-Select Services) directly to commercial establishments such as hotels, bars and similar establishments (collectively, “Commercial Establishments”), with such Commercial Establishments being determined by and limited to those locations within counties or zip codes for which Member had the same rights with respect to Commercial Establishments under its Existing Member Agreement. The Programming that is available to be marketed C(Part I)-1 and sold to Commercial Establishments shall be subject to amendment by DIRECTV from time to time. To the extent consistent with the Agreement (including these Terms and Conditions and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non-Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC, as master servicer for DIRECTV, of all sums required under the Agreement (including these Terms and Conditions), shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments (“Member Revenues”). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of these Terms and Conditions and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that DIRECTV may be unable to obtain the right for Member to distribute Programming to residences that have cable television service available.