Common use of Marketing MFN Clause in Contracts

Marketing MFN. If pursuant to an output or package (of more than 5 titles) agreement with another feature film provider (other than that certain license agreement between Licensee and DreamWorks, which expires on December 31, 2007) Licensee has an agreement to give more favorable marketing or promotion (including, without limitation, in print or on-air) of the Pay-Per-View and/or Video-On-Demand exhibitions of any other motion pictures of such other feature film provider than the marketing or promotion 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 thereof and all directly related terms and conditions contained in such output or package (of more than 5 titles) agreement. Licensor shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match all such directly related terms and conditions, and, if Licensor exercises such right, this Agreement shall be deemed automatically amended to incorporate all such directly related terms and conditions, including, without limitation, such more favorable marketing and promotion with respect to such comparable Current PPV Programs and/or Current VOD Program (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).

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

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