Common use of Material Breach of Mandatory MC Obligations Clause in Contracts

Material Breach of Mandatory MC Obligations. In the event of a material breach of the Mandatory MC Obligations with respect to a given Title, in each case which such breach (i) is not subject to the Arbitration-Only Remedy Provisions, (ii) is not cured in accordance with Section 8.1.3, Section 10.8.1 or Section 10.8.2.2, and (iii) meets the criteria for an Uncured MC Failure (as defined below) in Section 10.8.2.4, Content Participant shall be liable to AACS LA in the amount of one million U.S. dollars (US$1,000,000) for such Title. AACS LA agrees that systemic failures of the AACS Technology, or any aspect of the AACS Technology, that are not caused by breaches by Content Participant shall not trigger application of the provisions of this Section 10.2.3 to Content Participant and/or its products.

Material Breach of Mandatory MC Obligations. In the event of a material breach of the Mandatory MC Obligations with respect to a given Title, in each case which such breach (i) is not subject to the Arbitration-Only Remedy Provisions, (ii) is not cured in accordance with Section 8.1.3, Section 10.8.1 or Section 10.8.2.2, and (iii) meets the criteria for an Uncured MC Failure (as defined below) in Section 10.8.2.4, Content Participant Provider shall be liable to AACS LA in the amount of one million U.S. dollars (US$1,000,000) for such Title. AACS LA agrees that systemic failures of the AACS Technology, or any aspect of the AACS Technology, that are not caused by breaches by Content Participant Provider shall not trigger application of the provisions of this Section 10.2.3 to Content Participant Provider and/or its products.