Common use of Reinstatement/Termination Clause in Contracts

Reinstatement/Termination. If the cause of the Security Flaw that gave rise to a Suspension is corrected, repaired, solved or otherwise addressed in the sole judgment of Licensor, the Suspension shall terminate upon written notice from Licensor and Licensor’s obligation to make its Included Films available on the Licensed Service/Approved System (as applicable) immediately resume. For clarity, no period of Suspension shall extend the Term in time, and upon a notice that a Suspension has ended, the Term shall end as provided in Article 2 hereof unless earlier terminated in accordance with another provision of this Agreement. Upon receipt of such written notice, Licensee shall include and shall cause each Approved System to include the Included Films on the Licensed Service/Approved System (as applicable) as soon thereafter as practicable. If more than one Suspension occurs during the Avail Term, or any single Suspension lasts for a period of 3 months or more, Licensor shall have the right, but not the obligation, to terminate this Agreement (“Security Flaw Termination”) by providing written notice of such election to the Licensee.

Appears in 2 contracts

Samples: Licence Agreement, Licence Agreement

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Reinstatement/Termination. If the cause of the Security Flaw Breach that gave rise to a Suspension is corrected, repaired, solved or otherwise addressed in the sole judgment of Licensor, the Suspension shall terminate upon written notice from Licensor and Licensor’s obligation to make its Included Films Programs available on the Licensed Service/Approved System (as applicable) Service shall immediately resume. For clarity, no period of Suspension on account of a Security Breach or a Territorial Breach shall extend the Term in time, and upon a notice that a Suspension has ended, the Term shall end as otherwise provided in Article 2 hereof the Agreement unless earlier terminated in accordance with another provision of this Agreement. Upon receipt of such written notice, Licensee shall include and shall cause each Approved System to include the Included Films Programs on the Licensed Service/Approved System (as applicable) Service as soon thereafter as commercially practicable. If more than one (1) Security Breach giving rise to any Suspension occurs during the Avail Term, or any single calendar year and/or a systematic Security Breach giving rise to any Suspension lasts for a period of 3 three (3) months or more, Licensor shall have the right, but not the obligation, to terminate this Agreement (“Security Flaw Breach Termination”) by providing written notice of such election to the Licensee.

Appears in 1 contract

Samples: License Agreement

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Reinstatement/Termination. If the cause of the Security Flaw Breach that gave rise to a Suspension is corrected, repaired, solved or otherwise addressed in the sole judgment of Licensor, the Suspension shall terminate upon written notice from Licensor and Licensor’s obligation to make its FVOD Included Films Programs available on the Licensed FVOD Service/Approved System (as applicable) shall immediately resume. For clarity, no period of Suspension shall extend the Term in time, and upon a notice that a Suspension has ended, the Term shall end as otherwise provided in Article 2 hereof the Agreement unless earlier terminated in accordance with another provision of this Agreement. Upon receipt of such written notice, Licensee shall include and shall cause each the Approved System to include the FVOD Included Films Programs on the Licensed FVOD Service/Approved System (as applicable) as soon thereafter as practicable. If more than one Suspension occurs two (2) Suspensions occur during the Avail Term, or any single Suspension lasts for a period of 3 three months or more, Licensor shall have the right, but not the obligation, to terminate this Agreement (“Security Flaw Breach Termination”) by providing written notice of such election to the Licensee.

Appears in 1 contract

Samples: Vod Fvod License Agreement

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