Common use of Rights Retained Clause in Contracts

Rights Retained. The grant of rights in Sections 1.1 and 1.2 above --------------- does not include the grant of the following rights, which are retained by Muzak: (a) The right to use, and to license others to use, the Muzak System and the Proprietary Marks for the provision of the Services to Subscriber Premises which are located outside the Territory. (b) The right to provide the Services, and to use the Proprietary Marks in connection therewith, to transportation common carriers (including, without limitation, operators of automobiles, ships, airplanes, trains, or buses) which sell or provide transportation common carrier services, in whole or in part, within the Territory, it being understood that the reservation of such right shall not be construed as limiting Licensee's right to provide the Services to transportation common carriers located wholly within the Territory. (c) The right to provide a foreground music service by Recorded Media (as hereinafter defined) under the "YESCO(R)" name and trademark to existing dealers of the "YESCO(R)" Foreground Music Service and their customers pursuant to existing contractual obligations or agreements with such dealers; provided, however, that Muzak shall not authorize such dealers to distribute any of the Services or use the Proprietary Marks within the Territory.

Rights Retained. The grant of rights in Sections 1.1 and 1.2 above does --------------- does not include the grant of the following rights, which are retained by Muzak: (a) The right to use, and to license others to use, the Muzak System and the Proprietary Marks for the provision of the Services to Subscriber Premises which are located outside the Territory. (b) The right to provide the Services, and to use the Proprietary Marks in connection therewith, to transportation common carriers (including, without limitation, operators of automobiles, ships, airplanes, trains, or buses) which sell or provide transportation common carrier services, in whole or in part, within the Territory, it being understood that the reservation of such right shall not be construed as limiting Licensee's right to provide the Services to transportation common carriers located wholly within the Territory. (c) The right to provide a foreground music service by Recorded Media (as hereinafter defined) under the "YESCO(R)" name and trademark to existing dealers of the "YESCO(R)" Foreground Music Service and their customers pursuant to existing contractual obligations or agreements with such dealers; provided, however, that Muzak shall not authorize such dealers to distribute any of the Services or use the Proprietary Marks within the Territory.