Common use of Non-exploitation of Interactive Rights Clause in Contracts

Non-exploitation of Interactive Rights. In the event that Channel 4 (or any of its Associate(s)) does not undertake any exploitation of any one of the Interactive Rights (excluding always the Premium Rate Telephone Rights and Teletext Rights (the “Non-Exploited Interactive Right”) provided the Producer has not withheld its reasonable assistance (if so requested by Channel 4 or any of its Associate(s)) the Producer shall have the right by serving written notice on Channel 4 (in accordance with the Agreement) after the first transmission of the Programme(s) (or first episode if the Programme(s) is a Series) on the Channel 4 Service or More4 Service, , to request whether Channel 4 (or any of its Associate(s)) intends to exploit the Non-Exploited Interactive Right. Channel 4 shall notify the Producer within 15 days of receipt of such notice whether it intends to exploit such Non-Exploited Interactive Right. In the event Channel 4 determines it will not undertake such exploitation, at the Producer’s further request, the licence granted to Channel 4 pursuant to Clause 1 of the Programme Specific Terms in respect of such Non-Exploited Interactive Right(s) shall become non-exclusive and the Producer shall have the right to exploit such Non-Exploited Interactive Right, subject to the Producer providing details of the manner in which it intends to exploit such Non-Exploited Interactive Right and consulting with Channel 4 in accordance with Sub-Clause 18(b)(iii). For the avoidance of doubt, the Producer shall account and be liable to Channel 4 for 50% (fifty per cent) of all Net Interactive Receipts generated from its exploitation of the Non-Exploited Interactive Right(s) during the Term (and any extension thereof) and 15% thereafter in accordance with the terms of this Agreement and the definitions set out in Clause 18(a), each of which shall apply to the Producer mutatis mutandis with all references to Channel 4 being replaced by references to the Producer and all references to the Producer being replaced by references to Channel 4.

Non-exploitation of Interactive Rights. In the event that Channel 4 (or any of its Associate(s)) does not undertake any exploitation of any one of the Interactive Rights (excluding always the Premium Rate Telephone Rights and Teletext Rights (the “Non-Exploited Interactive Right”) provided the Producer has not withheld its reasonable assistance (if so requested by Channel 4 or any of its Associate(s)) the Producer shall have the right by serving written notice on Channel 4 (in accordance with the Agreement) after the first transmission of the Programme(s) (or first episode if the Programme(s) is a Series) on the Channel 4 Service or More4 Service, , Service to request whether Channel 4 (or any of its Associate(s)) intends to exploit the Non-Exploited Interactive Right. Channel 4 shall notify the Producer within 15 days of receipt of such notice whether it intends to exploit such Non-Exploited Interactive Right. In the event Channel 4 determines it will not undertake such exploitation, at the Producer’s further request, the licence granted to Channel 4 pursuant to Clause 1 of the Programme Specific Terms in respect of such Non-Exploited Interactive Right(s) shall become non-exclusive and the Producer shall have the right to exploit such Non-Exploited Interactive Right, subject to the Producer providing details of the manner in which it intends to exploit such Non-Exploited Interactive Right and consulting with Channel 4 in accordance with Sub-Clause 18(b)(iii). For the avoidance of doubt, the Producer shall account and be liable to Channel 4 for 50% (fifty per cent) of all Net Interactive Receipts (generated from its exploitation of the Non-Exploited Interactive Right(s) during the Term (and any extension thereof) and 15% thereafter in accordance with the terms of this Agreement and the definitions set out in Clause 18(a), each of which shall apply to the Producer mutatis mutandis with all references to Channel 4 being replaced by references to the Producer and all references to the Producer being replaced by references to Channel 4.

Non-exploitation of Interactive Rights. In the event that Channel 4 (or any of its Associate(s)) does not undertake any exploitation of any one of the Interactive Rights (excluding always the Premium Rate Telephone Rights and Teletext Rights (the “Non-Exploited Interactive Right”) provided the Producer has not withheld its reasonable assistance (if so requested by Channel 4 or any of its Associate(s)) the Producer shall have the right by serving written notice on Channel 4 (in accordance with the Agreement) after the first transmission of the Programme(s) (or first episode if the Programme(s) is a Series) on the Channel 4 Service or More4 Service, , Service to request whether Channel 4 (or any of its Associate(s)) intends to exploit the Non-Exploited Interactive Right. Channel 4 shall notify the Producer within 15 days of receipt of such notice whether it intends to exploit such Non-Non- Exploited Interactive Right. In the event Channel 4 determines it will not undertake such exploitation, at the Producer’s further request, the licence granted to Channel 4 pursuant to Clause 1 of the Programme Specific Terms in respect of such Non-Exploited Interactive Right(s) shall become non-exclusive and the Producer shall have the right to exploit such Non-Non- Exploited Interactive Right, subject to the Producer providing details of the manner in which it intends to exploit such Non-Exploited Interactive Right and consulting with Channel 4 in accordance with Sub-Clause 18(b)(iii). For the avoidance of doubt, the Producer shall account and be liable to Channel 4 for 50% (fifty per cent) of all Net Interactive Receipts (generated from its exploitation of the Non-Exploited Interactive Right(s) during the Term (and any extension thereof) and 15% thereafter in accordance with the terms of this Agreement and the definitions set out in Clause 18(a), each of which shall apply to the Producer mutatis mutandis with all references to Channel 4 being replaced by references to the Producer and all references to the Producer being replaced by references to Channel 4.