Common use of PROCEDURES FOR THIRD PARTY BENEFICIARY CLAIMS Clause in Contracts

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. 4.1 6.1 Prior to initiating or instituting any third-party-beneficiary claim by a Fellow DTCP2 Adopter (“DTCP2 Adopter Beneficiary Claim” ”) or by a Content Participant (“Content Participant Beneficiary Claim”) (each, a "Beneficiary Claim") against Adopter, any other Fellow DTCP2 Adopter or a Content Participant, as the case may be (each, a "Defendant"), a Content Participant Beneficiary (defined below) or DTCP2 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 DTCP2 and to the extent such cooperation does not involve release of information provided to DTLA by a Content Participant or Fellow DTCP2 Adopter that such Content Participant or Fellow DTCP2 Adopter has designated to DTLA to be its confidential and proprietary information. Documents provided to DTLA under these third-party- party-beneficiary procedures shall not include any documents filed or to be filed under seal in connection with such Beneficiary Claim.