PROCEDURES FOR THIRD PARTY BENEFICIARY CLAIMS. 4.1 Prior to initiating or instituting any third-party-beneficiary claim by a Fellow Adopter (“Adopter Beneficiary Claim” or by a Content Participant (“Content Participant Beneficiary Claim”) (each, a "Beneficiary Claim") against Adopter, any other Fellow Adopter or a Content Participant, as the case may be (each, a "Defendant"), a Content Participant Beneficiary (defined below) or Adopter Beneficiary (defined below) (each, a "Third-Party Beneficiary") shall provide DTLA notice and consultation reasonable under the circumstances regarding a proposed Beneficiary Claim; provided that such consultation with DTLA shall not affect such Third-Party Beneficiary's discretion in initiating such a Beneficiary Claim. Such Third-Party Beneficiary shall further provide DTLA with notice of actual filing of a Beneficiary Claim and, upon DTLA's request, any copies of material documents to be filed in such Third-Party Beneficiary's initiation or pursuit of such Beneficiary Claim. DTLA shall cooperate reasonably with such Third-Party Beneficiary in providing appropriate and necessary information in connection with the Beneficiary Claim to the extent that such cooperation is consistent with the preservation of the integrity and security of DTCP and to the extent such cooperation does not involve release of information provided to DTLA by a Content Participant or Fellow Adopter that such Content Participant or Fellow Adopter has designated to DTLA to be its confidential and proprietary information. Documents provided to DTLA under these third-party- beneficiary procedures shall not include any documents filed or to be filed under seal in connection with such Beneficiary Claim.
PROCEDURES FOR THIRD PARTY BENEFICIARY CLAIMS. Prior to initiating any Third Party Beneficiary Claim pursuant to Sections 9.6 or 9.8, the Third Party Beneficiary seeking to institute such a claim shall provide AACS LA written notice of its intent to pursue such a claim. Such Third Party Beneficiary shall likewise provide AACS LA notice of the actual filing of any Third Party Beneficiary Claims, and shall at AACS LA’s request provide copies of material documents to be filed in such Third Party Beneficiary’s initiation, institution or pursuit of such Third Party Beneficiary Claim. AACS LA shall offer reasonable cooperation to such Third Party Beneficiary in providing appropriate and necessary information in connection with the beneficiary claim to the extent that such cooperation is consistent with protecting the integrity and performance of the AACS Technology or the security of AACS Content and does not otherwise interfere with AACS LA’s obligations to other Fellow Adopters, Content Participants or Content Providers. Third Party Beneficiaries shall not be obligated to provide copies of documents filed or to be filed under seal. AACS LA shall have the option of requiring that any information or documents provided by AACS LA or Licensors, Content Participants, Content Providers or Fellow Adopters to Third Party Beneficiary be filed under seal. Documents provided to AACS LA under the procedures set out herein shall not include any documents filed or to be filed under seal in connection with such Third Party Beneficiary Claim. For review only - Not for execution
PROCEDURES FOR THIRD PARTY BENEFICIARY CLAIMS. 1. Prior to initiating or instituting any Content Participant Beneficiary Claim or Licensee Beneficiary Claim (each, a “Beneficiary Claim”) against a Fellow Licensee or against a Content Participant, as the case may be (each, a “Defendant”), a Content Participant Beneficiary or Licensee Beneficiary (each, a “Third-Party Beneficiary”) shall provide Sony notice and consultation reasonable under the circumstances regarding a proposed Beneficiary Claim; provided that such consultation with Sony shall not limit such Third-Party Beneficiary’s complete discretion in initiating or instituting such a Beneficiary Claim. Such Third-Party Beneficiary shall further provide Sony with notice of actual filing of a Beneficiary Claim and, upon Sony’s request, any copies of material documents filed in such Third-Party Beneficiary’s initiation, institution or pursuit of such Beneficiary Claim.
PROCEDURES FOR THIRD PARTY BENEFICIARY CLAIMS. 2.1 Prior to initiating any third-party beneficiary claim under this Agreement by an Eligible Content Participant (a “Beneficiary Claim”) against Adopter, such Content Participant (a “Third-Party Beneficiary”) shall provide Licensor with notice and consultation reasonable under the circumstances regarding a proposed Beneficiary Claim; provided that such consultation with Licensor shall not affect such Third-Party Beneficiary’s discretion in initiating such a Beneficiary Claim. Such Third-Party Beneficiary shall further provide Licensor with notice of actual filing of a Beneficiary Claim and, upon Licensor’s request, any copies of principal pleadings to be filed in such Third-Party Beneficiary’s initiation or pursuit of such Beneficiary Claim. Licensor shall cooperate reasonably with such Third- Party Beneficiary in providing appropriate and necessary information in connection with the Beneficiary Claim to the extent that such cooperation is consistent with the preservation of the integrity and security of HDCP and to the extent such cooperation does not involve release of information provided to Licensor by a Content Participant or Fellow Adopter that such Content Participant or Fellow Adopter has designated to Licensor to be its confidential and proprietary information. Documents provided to Licensor under these third-party- beneficiary procedures shall not include any documents filed or to be filed under seal in connection with such Beneficiary Claim. For review only - Not valid for execution
PROCEDURES FOR THIRD PARTY BENEFICIARY CLAIMS. 10.01 Compliance of Licensee and of Licensee’s Subsidiaries with the terms of this Agreement is essential to maintain the value and integrity of MG-R(SVR)
PROCEDURES FOR THIRD PARTY BENEFICIARY CLAIMS. For review only - Not valid for execution
