Common use of Rules and Procedures for the Clause in Contracts

Rules and Procedures for the. Third Party Beneficiary Claim 3.4.4.1 Warning before bringing a claim. (i) Material Breach. Prior to bringing a Third Party Beneficiary Claim for a Material Breach, Third Party Beneficiary must (i) send a notice of Material bBreach to CI Plus TA Licensee specifying the action in breach by a such Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. (a) If it is the first time a Licensee has committed a Material Breach or if Licensee has committed multiple breaches, Third Party Beneficiary shall provide notice to Licensee of the Material Breach and an opportunity to cure such Material Breach within fifteen (15) calendarbusiness days of receipt of such notice. In the event the Material Breach cannot be cured within fifteen (15) calendarbusiness days, Licensee shall notify Third Party Beneficiary of such fact within five (5) calendarbusiness days of its receipt of notice of Material Breach and shall diligently and in good faith take action to cure such Material Breach as soon as practicable and, in any event, shall cure such Material Breach within thirty (30) calendarbusiness days of receipt of notice of Material Breach. If Licensee fails to cure the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim against Licensee. If Licensee cures the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim solely for damages suffered during the cure period and only if Third Party Beneficiary is a Qualified Operator or Qualified Content OwnerProvider. (b) If the Material Breach is a repetition of Material Breach which a Licensee has committed previously, it is not the first time a Licensee has committed a Material Breach, Third Party Beneficiary has the option of either (1) providing notice to Licensee and opportunity to cure pursuant to subsection (a) above or (2) immediately bringing a Third Party Beneficiary Claim against Licensee without providing notice to the Licensee., (ii) [Non-Material Breach. Prior to bringing a Third Party Beneficiary Claim for any other breach, Third Party Beneficiary must send a notice of breach to CI Plus TA specifying the action in breach by a Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. Once identified, Third Party Beneficiary shall also send a notice of breach to the Licensee. Licensee shall have five (5) calendarbusiness days to acknowledge receipt of the notice of breach and an opportunity to cure such breach pursuant to subsection (i)(a) above. If Licensee fails to acknowledge receipt of the notice of breach within five (5) calendarbusiness days or fails to cure such breach within thirty (30) business days after receipt of the notice of breach, Third Party Beneficiary may file a Third Party Beneficiary Claim against Licensee for damages. If it is not the first time a Licensee has committed a Non-Material Breach, Third Party Beneficiary has the option of combining a set of related Non-Material Breaches by the Licensee that together become Material into a single Third Party Beneficiary claim against Licensee for Material Breach. with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Third Party Beneficiary, from the day Licensee received such notice, or (ii) in situations where the Licensee has engaged in a pattern of behaviour involving Material Breach, send notice to CI Plus TA that Third Party Beneficiary is bringing such Third Party Beneficiary Claim. CI Plus TA shall consult with Licensee on such notice, and if such Third Party Beneficiary Claim cannot be brought according to this Agreement, will notify Third Party Beneficiary. ] In the event a breach (including a Material Breach) occurs of which Third Party Beneficiaries are not aware, CI Plus TA, if aware of such breach, shall inform Third Party Beneficiaries of such breach within twofive (52) calendarbusiness days of discovering the breach.

Rules and Procedures for the. Third Party Beneficiary Claim 3.4.4.1 Warning before bringing a claim. (i) Material Breach. Prior to bringing a Third Party Beneficiary Claim for a Material Breach, Third Party Beneficiary must may have to (i) send a notice of Material bBreach to CI Plus TA Licensee specifying the action in breach by a such Licensee. If In such cases, if the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. (a) If it is the first time a Licensee has committed a Material Breach or if Licensee has committed multiple breaches, Third Party Beneficiary shall provide notice to Licensee of the Material Breach and an opportunity to cure such Material Breach within fifteen (15) calendarbusiness calendar days of receipt of such notice. In the event the Material Breach cannot be cured within fifteen (15) calendarbusiness calendar days, Licensee shall notify Third Party Beneficiary of such fact within five (5) calendarbusiness calendar days of its receipt of notice of Material Breach and shall diligently and in good faith take action to cure such Material Breach as soon as practicable and, in any event, shall cure such Material Breach within thirty (30) calendarbusiness calendar days of receipt of notice of Material Breach. If Licensee fails to cure the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim against Licensee. If Licensee cures the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim solely for damages suffered during the cure period and only if Third Party Beneficiary is a Qualified Operator or Qualified Content OwnerProviderOwner. (b) If the Material Breach is a repetition of Material Breach which a Licensee has committed previously, it is not the first time a Licensee has committed a Material Breach, Third Party Beneficiary has the option of either (1) providing notice to Licensee and opportunity to cure pursuant to subsection (a) above or (2) immediately bringing a Third Party Beneficiary Claim against Licensee without providing notice to the Licensee., (ii) [Non-Material Breach. Prior to bringing a Third Party Beneficiary Claim for any other breach, Third Party Beneficiary must send a notice of breach to CI Plus TA specifying the action in breach by a Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. Once identified, Third Party Beneficiary shall also send a notice of breach to the Licensee. Licensee shall have five (5) calendarbusiness days to acknowledge receipt of the notice of breach and an opportunity to cure such breach pursuant to subsection (i)(a) above. If Licensee fails to acknowledge receipt of the notice of breach within five (5) calendarbusiness days or fails to cure such breach within thirty (30) business days after receipt of the notice of breach, Third Party Beneficiary may file a Third Party Beneficiary Claim against Licensee for damages. If it is not the first time a Licensee has committed a Non-Material Breach, Third Party Beneficiary has the option of combining a set of related Non-Material Breaches by the Licensee that together become Material into a single Third Party Beneficiary claim against Licensee for Material Breach. with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Third Party Beneficiary, from the day Licensee received such notice, or (ii) in situations where the Licensee has engaged in a pattern of behaviour involving Material Breach, send notice to CI Plus TA that Third Party Beneficiary is bringing such Third Party Beneficiary Claim. CI Plus TA shall consult with Licensee on such notice, and if such Third Party Beneficiary Claim cannot be brought according to this Agreement, will notify Third Party Beneficiary. ] In the event a breach (including a Material Breach) occurs of which Third Party Beneficiaries are not aware, CI Plus TA, if aware of such breach, shall inform Third Party Beneficiaries of such breach within twofive (52) calendarbusiness days of discovering the breach.

Rules and Procedures for the. Third Party Beneficiary Claim 3.4.4.1 Warning before bringing a claim. (i) Material Breach. Prior to bringing a Third Party Beneficiary Claim for a Material Breach, Third Party Beneficiary must (i) send a notice of Material bBreach to CI Plus TA Licensee specifying the action in breach by a such Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. (a) If it is the first time a Licensee has committed a Material Breach or if Licensee has committed multiple breaches, Third Party Beneficiary shall provide notice to Licensee of the Material Breach and an opportunity to cure such Material Breach within fifteen (15) calendarbusiness calendar days of receipt of such notice. In the event the Material Breach cannot be cured within fifteen (15) calendarbusiness calendar days, Licensee shall notify Third Party Beneficiary of such fact within five (5) calendarbusiness calendar days of its receipt of notice of Material Breach and shall diligently and in good faith take action to cure such Material Breach as soon as practicable and, in any event, shall cure such Material Breach within thirty (30) calendarbusiness calendar days of receipt of notice of Material Breach. If Licensee fails to cure the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim against Licensee. If Licensee cures the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim solely for damages suffered during the cure period and only if Third Party Beneficiary is a Qualified Operator or Qualified Content OwnerProviderOwner. (b) If the Material Breach is a repetition of Material Breach which a Licensee has committed previously, it is not the first time a Licensee has committed a Material Breach, Third Party Beneficiary has the option of either (1) providing notice to Licensee and opportunity to cure pursuant to subsection (a) above or (2) immediately bringing a Third Party Beneficiary Claim against Licensee without providing notice to the Licensee., (ii) [Non-Material Breach. Prior to bringing a Third Party Beneficiary Claim for any other breach, Third Party Beneficiary must send a notice of breach to CI Plus TA specifying the action in breach by a Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. Once identified, Third Party Beneficiary shall also send a notice of breach to the Licensee. Licensee shall have five (5) calendarbusiness days to acknowledge receipt of the notice of breach and an opportunity to cure such breach pursuant to subsection (i)(a) above. If Licensee fails to acknowledge receipt of the notice of breach within five (5) calendarbusiness days or fails to cure such breach within thirty (30) business days after receipt of the notice of breach, Third Party Beneficiary may file a Third Party Beneficiary Claim against Licensee for damages. If it is not the first time a Licensee has committed a Non-Material Breach, Third Party Beneficiary has the option of combining a set of related Non-Material Breaches by the Licensee that together become Material into a single Third Party Beneficiary claim against Licensee for Material Breach. with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Third Party Beneficiary, from the day Licensee received such notice, or (ii) in situations where the Licensee has engaged in a pattern of behaviour involving Material Breach, send notice to CI Plus TA that Third Party Beneficiary is bringing such Third Party Beneficiary Claim. CI Plus TA shall consult with Licensee on such notice, and if such Third Party Beneficiary Claim cannot be brought according to this Agreement, will notify Third Party Beneficiary. ] In the event a breach (including a Material Breach) occurs of which Third Party Beneficiaries are not aware, CI Plus TA, if aware of such breach, shall inform Third Party Beneficiaries of such breach within twofive (52) calendarbusiness days of discovering the breach.