Common use of Guide Placement MFN Clause in Contracts

Guide Placement MFN. If, pursuant to an output or package (of more than 5 titles) agreement with a feature film provider, Licensee has an agreement to give more favorable placement and/or positioning on Licensee’s electronic program guides (“Guide Placement”) for any motion pictures of such feature film provider on a on a Pay-Per-View and/or Video-On-Demand basis (other than motion pictures offered on a day and date basis with Home Video Street Date) than the Guide Placement Licensee has agreed hereunder to give to any comparable Current PPV Programs or 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), then Licensee shall promptly provide Licensor with written notice of such more favorable obligations and/or concessions and all directly related terms and conditions, and Licensor shall have 30 days to agree to or reject such more favorable obligations and/or concessions and any and all such directly related terms and conditions. If Licensor exercises such right, then Licensee shall apply such more favorable Guide Placement with respect to the applicable comparable Current PPV Programs or 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) on a Pay-Per-View and/or Video-On- Demand basis (as applicable) and this Agreement shall be deemed automatically amended to incorporate all such directly related terms and conditions. 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 PPV Programs(s) and/or 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.

Guide Placement MFN. If, pursuant to an output or package (of more than 5 titles) agreement with a feature film provider, Licensee has an agreement to give more favorable placement and/or positioning on Licensee’s electronic program guides (“Guide Placement”) for any motion pictures of such feature film provider on a on a Pay-Per-View and/or Video-On-Demand basis (other than motion pictures offered on a day and date basis with Home Video Street Date) than the Guide Placement Licensee has agreed hereunder to give to any comparable Current PPV Programs or 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), then Licensee shall promptly provide Licensor with written notice of such more favorable obligations and/or concessions and all directly related terms and conditions, and Licensor shall have 30 days to agree to or reject such more favorable obligations and/or concessions and any and all such directly related terms and conditions. If Licensor exercises such right, then Licensee shall apply such more favorable Guide Placement with respect to the applicable comparable Current PPV Programs or 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) on a Pay-Per-View and/or Video-On- On-Demand basis (as applicable) and this Agreement shall be deemed automatically amended to incorporate all such directly related terms and conditions. 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 PPV Programs(s) and/or 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.