Common use of Promotional Previews Clause in Contracts

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included Program. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five (5) Business Days after receipt of such notice, or (ii) cease using Promotional Previews hereunder. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the applicable ratings body in the applicable Territory for previews or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such Territory. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five (5) Business Days after receipt of such notice.

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article Section 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included Programin advance. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five two (52) Business Days business days after receipt of such notice, or (ii) cease using Promotional Previews Previews. In addition to and without limiting any other remedy available to Licensor hereunder, in the event that Licensee exceeds the Maximum Preview Duration or any Revised Preview Duration (in the case of a Revised Preview Duration, after Licensee shortens the duration of such preview in accordance with the preceding sentence), Licensee shall indemnify Licensor for the costs of any residual, reuse or other fee payable by Licensor or its affiliates under the applicable guild, union or collective bargaining agreement(s) as a result thereof. Notwithstanding anything to Without limiting the contrary hereinforegoing, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the applicable ratings body in the applicable Territory not appropriate for previews all audiences or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such the Territory. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five (5) Business Days two business days after receipt of such notice.

Promotional Previews. For each Included Program, Licensee shall have the right to use exhibit Promotional Previews to Authorized Subscribers on the Licensed Service in accordance with Schedule A, Article 12.1Services and as otherwise permitted herein, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included Programin advance in writing. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possiblepossible using good faith efforts, but in no event longer than five ten (510) Business Days business days after receipt of such notice, notice or (ii) cease using Promotional Previews hereunderPreviews. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the applicable ratings body in the applicable Territory not appropriate for previews all audiences or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article 6.1(iii) of Schedule A, provided, that (i) if Licensor terminates withdraws such right from all Other SVOD Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such TerritorySVOD Distributors. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) as soon as reasonably possible using good faith efforts, but in any event within five (5) Business Days business days after receipt of such notice.

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article Section 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included ProgramLicensee. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (““ Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five two (52) Business Days business days after receipt of such notice, or (ii) cease using Promotional Previews hereunderPreviews. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the applicable ratings body in the applicable Territory not appropriate for previews all audiences or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in Agreement, provided, that Licensor shall not exercise its right under clause (b) to frustrate the applicable Territory if Licensor withdraws such general right from all Other Distributors in such Territorypurposes of this Agreement. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five two (52) Business Days business days after receipt of such notice. Licensor shall exercise its said right of termination under this Section 5.4 only in circumstances in which, in the case of the VOD Service, Licensor contemporaneously gives analogous notices of termination of the same Promotion Preview(s) to all of its Other VOD Distributors in the Territory, and in the case of the DHE Service, Licensor contemporaneously gives analogous notices of termination of the same Promotional Preview(s) to all of its Other DHE Distributors in the Territory.

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article Section 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included ProgramLicensee. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five (5) Business Days business days after receipt of such notice, notice or (ii) cease using Promotional Previews hereunderPreviews. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the applicable ratings body in the applicable Territory not appropriate for previews all audiences or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to if Licensor withdraws such general right from all other DHE distributors in Article 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such the Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors other DHE distributors in such the Territory. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five two (52) Business Days business days after receipt of such notice.

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article SectionArticle 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included Program. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five (5) Business business daysBusiness Days after receipt of such notice, or (ii) cease using Promotional Previews hereunder. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is not appropriate for all audiences in violation of the MPAAthe guidelines of the applicable ratings body in the applicable Territory for previews or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article SectionArticle 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such Territory. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five (5) Business business daysBusiness Days after receipt of such notice.

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article Section 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included Program. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five (5) Business Days business days after receipt of such notice, or (ii) cease using Promotional Previews hereunder. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is not appropriate for all audiences in violation of the MPAA guidelines of the applicable ratings body in the applicable Territory for previews or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article Section 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such TerritoryDistributors. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five (5) Business Days business days after receipt of such notice.

Promotional Previews. For each Included Program, Licensee shall have the right to use exhibit Promotional Previews to Authorized Subscribers on the Licensed Service in accordance with Schedule A, Article 12.1Services and as otherwise permitted herein, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included Programin advance in writing. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possiblepossible using good faith efforts, but in no event longer than five ten (510) Business Days business days after receipt of such notice, notice or (ii) cease using Promotional Previews hereunderPreviews. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the applicable ratings body in the applicable Territory not appropriate for previews all audiences or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article 6.1(iii) of Schedule A, provided, that (i) [if Licensor terminates withdraws such right from all Other SVOD Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder,], and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such TerritorySVOD Distributors. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) as soon as reasonably possible using good faith efforts, but in any event within five (5) Business Days business days after receipt of such notice.

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article Section 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included Program. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (“Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five (5) Business Days after receipt of such notice, or (ii) cease using Promotional Previews hereunder. Notwithstanding anything to the contrary herein, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the any applicable ratings body in the applicable Territory guidelines for previews or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article Section 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such Territory. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five (5) Business Days after receipt of such notice.that

Promotional Previews. For each Included Program, Licensee shall have the right to use Promotional Previews on the Licensed Service in accordance with Schedule A, Article Section 12.1, subject to any contractual restrictions binding upon Licensor of which Licensor notifies Licensee prior to delivery of such Included ProgramLicensee. Notwithstanding anything to the contrary herein, in the event that any guild, union, or collective bargaining agreements to which Licensor or its Affiliates affiliates is or becomes a party requires a maximum duration for video clips that is shorter than the Maximum Preview Duration in order to avoid a residual, reuse or other fee in connection therewith, Licensor shall so notify Licensee in writing and Licensee shall either (i) shorten the duration of each Promotional Preview on the Licensed Service in accordance with the terms of the notice (““ Revised Preview Duration”) as soon as reasonably possible, but in no event longer than five two (52) Business Days business days after receipt of such notice, or (ii) cease using Promotional Previews Previews. In addition to and without limiting any other remedy available to Licensor hereunder, in the event that Licensee exceeds the Maximum Preview Duration or any Revised Preview Duration (in the case of a Revised Preview Duration, after Licensee shortens the duration of such preview in accordance with the preceding sentence), Licensee shall indemnify Licensor for the costs of any residual, reuse or other fee payable by Licensor or its affiliates under the applicable guild, union or collective bargaining agreement(s) as a result thereof. Notwithstanding anything to Without limiting the contrary hereinforegoing, Licensor shall have the right to terminate (a) Licensee’s right to use a particular Promotional Preview for a particular Included Program in the applicable Territory on a case-by-case basis if Licensor reasonably believes that such Promotional Preview is in violation of the guidelines of the applicable ratings body in the applicable Territory not appropriate for previews all audiences or may violate the terms of any of Licensor’s agreements with, or may adversely affect Licensor’s material relations with, any third party referred to in Article 6.1(iii) of Schedule A, provided, that (i) Licensor terminates all Other Distributors’ right to use such Promotional Preview for such Included Program in such Territory and (ii) Licensor promptly makes available to Licensee as a substitute for such Promotional Preview a promotional clip for such Included Program cleared for use by Licensee in such Territory hereunder, and (b) Licensee’s general right to use Promotional Previews under this Agreement in the applicable Territory if Licensor withdraws such general right from all Other Distributors in such the Territory. Licensor shall give Licensee written notice of any such termination, in which event Licensee shall cease using the applicable Promotional Preview(s) within five (5) Business Days two business days after receipt of such notice.