Common use of Licensee Third-Party-Beneficiary Rights Clause in Contracts

Licensee Third-Party-Beneficiary Rights. 11.3.1 The Parties acknowledge and agree that the compliance of Content Distributor with the terms of this Agreement, and the compliance of the other Fellow Content Distributors with their respective Content Distributor Agreements, is essential to (including as to the integrity and security of) CI PLUS. As part of the consideration of the rights and licenses granted to Content Distributor hereunder, Content Distributor hereby confers a third-party-beneficiary right upon each Licensee that designs or manufactures Licensed Products that receive or transmit Controlled Content for so long as such Licensee is (i) not willfully in material breach of the terms and conditions of its Adopter Agreement and (ii) not otherwise in material breach of any term or condition of its Adopter Agreement, which breach has not been cured, or is not capable of cure, within thirty (30) days of such Licensee’s receipt of notice thereof by CI Plus TA or any Fellow Content Distributor (each, an “Adopter Beneficiary”) in order to enforce those obligations of Content Distributor under Section 5. The procedures set out in section 11.3.2 below shall govern all Adopter Beneficiary Claims. 11.3.2 Rules and Procedures for the Adopter Beneficiary Claim 11.3.2.1 Warning before bringing a claim. Prior to bringing an Adopter Beneficiary Claim, Licensee must (i) send a notice of breach to Content Distributor specifying the action in breach by such Content Distributor, with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Licensee, from the day Content Distributor received such notice, or (ii) in those situations that the Content Distributor has engaged oin a pattern of behaviour involving breach of section 5 of this Agreement, send notice to CI Plus TA that Adopter Beneficiary is bringing such Adopter Beneficiary Claim.

Licensee Third-Party-Beneficiary Rights. 11.3.1 The Parties acknowledge and agree that the compliance of Content Distributor with the terms of this Agreement, and the compliance of the other Fellow Content Distributors with their respective Content Distributor Agreements, is essential to (including as to the integrity and security of) CI PLUS. As part of the consideration of for the rights and licenses granted to Content Distributor hereunder, Content Distributor hereby confers a third-party-beneficiary right upon each Licensee that designs or manufactures Licensed Products that receive or transmit Controlled Content for so long as such Licensee is (i) not willfully wilfully in material breach of the terms and conditions of its Adopter Agreement and (ii) not otherwise in material breach of any term or condition of its Adopter Agreement, which breach has not been cured, or is not capable of cure, within no later than thirty (30) days of after such Licensee’s receipt of notice thereof by CI Plus TA or any Fellow Content Distributor (eacheach such Licensee, an “Adopter Beneficiary”) in order to enforce those obligations of Content Distributor under Section 5. The procedures set out in section 11.3.2 below shall govern all such claims by Adopter Beneficiaries to enforce those obligations (“Adopter Beneficiary Claims”). 11.3.2 Rules and Procedures for the Adopter Beneficiary Claim 11.3.2.1 Warning before bringing a claim. Prior to bringing an Adopter Beneficiary Claim, Licensee an Adopter Beneficiary must (i) send a notice of breach to Content Distributor specifying the action in breach by such Content Distributor, with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by LicenseeAdopter Beneficiary, from after the day Content Distributor received such notice, or (ii) in those situations that the Content Distributor has engaged oin in a pattern of behaviour involving breach of section Section 5 of this Agreement, send notice to CI Plus TA that Adopter Beneficiary is bringing such Adopter Beneficiary Claim.

Licensee Third-Party-Beneficiary Rights. 11.3.1 The Parties acknowledge and agree that the compliance of Content Distributor with the terms of this Agreement, and the compliance of the other Fellow Content Distributors with their respective Content Distributor Agreements, is essential to (including as to the integrity and security of) CI PLUS. As part of the consideration of forof the rights and licenses granted to Content Distributor hereunder, Content Distributor hereby confers a third-party-beneficiary right upon each Licensee that designs or manufactures Licensed Products that receive or transmit Controlled Content for so long as such Licensee is (i) not willfully wilfully in material breach of the terms and conditions of its Adopter Agreement and (ii) not otherwise in material breach of any term or condition of its Adopter Agreement, which breach has not been cured, or is not capable of cure, within no later thanwithin thirty (30) days of afterof such Licensee’s receipt of notice thereof by CI Plus TA or any Fellow Content Distributor (eacheach such Licensee,, an “Adopter Beneficiary”) in order to enforce those obligations of Content Distributor under Section 5. The procedures set out in section 11.3.2 below shall govern all such claims by Adopter Beneficiaries to enforce those obligations (“Adopter Beneficiary ClaimsClaims”).Claims. 11.3.2 Rules and Procedures for the Adopter Beneficiary Claim 11.3.2.1 Warning before bringing a claim. Prior to bringing an Adopter Beneficiary Claim, Licensee an Adopter BeneficiaryLicensee must (i) send a notice of breach to Content Distributor specifying the action in breach by such Content Distributor, with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by LicenseeAdopter Beneficiary, afterLicensee, from the day Content Distributor received such notice, or (ii) in those situations that the Content Distributor has engaged oin in a pattern of behaviour involving breach of section sSection 5 of this Agreement, send notice to CI Plus TA that Adopter Beneficiary is bringing such Adopter Beneficiary Claim.

Licensee Third-Party-Beneficiary Rights. 11.3.1 The Parties acknowledge and agree that the compliance of Content Distributor with the terms of this Agreement, and the compliance of the other Fellow Content Distributors with their respective Content Distributor Agreements, is essential to (including as to the integrity and security of) CI PLUS. As part of the consideration of the rights and licenses granted to Content Distributor hereunder, Content Distributor hereby confers a third-party-beneficiary right upon each Licensee that designs or manufactures Licensed Products that receive or transmit Controlled Content for so long as such Licensee is (i) not willfully in material breach of the terms and conditions of its Adopter Agreement and (ii) not otherwise in material breach of any term or condition of its Adopter Agreement, which breach has not been cured, or is not capable of cure, within thirty (30) days of such Licensee’s receipt of notice thereof by CI Plus TA or any Fellow Content Distributor (each, an “Adopter Beneficiary”) in order to enforce those obligations of Content Distributor under Section 5. The procedures set out in section 11.3.2 below shall govern all Adopter Beneficiary Claims. 11.3.2 Rules and Procedures for the Adopter Beneficiary Claim 11.3.2.1 Warning before bringing a claim. Prior to bringing an Adopter Beneficiary Claim, Licensee must (i) send a notice of breach to Content Distributor specifying the action in breach by such Content Distributor, with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Licensee, from the day Content Distributor received such notice, or or (ii) in those situations situation that the Content Distributor has engaged oin on a pattern of behaviour involving breach of section 5 of this Agreement, send notice to CI Plus TA that Adopter Beneficiary is bringing such Adopter Beneficiary Claim.