Library FOD Program. Commencing on the Closed IP Effective Date, during each calendar year of the Term for which Licensor makes available to Licensee a sufficient number of Library FOD Programs (subject to the availability of closed-captioned versions in accordance with Section 1.0(A)(3) of Attachment E-1) (each an “FOD Exhibition Year”), Licensee shall select a number of Library FOD Programs for which the aggregate FOD License Fees equal or exceed the FOD Minimum Fee. Any exhibition commitments required by this Section 9.6 shall be in addition to Licensee’s other channel and exhibition commitments hereunder. Notwithstanding the foregoing, it is acknowledged that the first and the last FOD Exhibition Year may be for a period of less than twelve (12) months, and the foregoing commitment shall be pro-rated for any FOD Exhibition Year that is for a period of less than twelve (12) months. For the avoidance of doubt, Licensor has made available a “sufficient” number of Library FOD Programs when the aggregate FOD License Fees equal or exceed the FOD Minimum Fee assuming a two month license period for each FOD Library Program. Notwithstanding anything to the contrary contained herein, Licensee shall have no obligation to select any Library FOD Programs (whether due to a delay in launching Licensee’s Closed IP service by June 15, 2008 or any other reason) and Licensee’s exhibition commitments with respect to Library FOD Programs hereunder are satisfied by payment of the FOD Minimum Fee.
Appears in 5 contracts
Samples: License Agreement, License Agreement, License Agreement
