Same Programming Requirement Clause Samples

Same Programming Requirement. Taking into account time zone differences, during the Term each feed of the programming on each of the Services, as delivered to TESC at a given point in time, shall be the same as that feed of programming delivered by Playboy to all Distributors in the Territory at such point in time; except that the Services may contain customized branding particular to a specific distributor, and that any such customization does not modify any shows (as opposed to interstitial time between shows) in a material way. If Playboy does provide any customization, then TESC shall have the unconditional right to transmit the programming included in the Services customized in a similar fashion as Playboy is providing to Distributors in the Territory on the same terms and conditions, and Playboy shall ensure that such programming is delivered to TESC in accordance with the delivery terms contained herein. TESC, at its option, shall transmit any additional feeds of the Services (including, without limitation, any additional time zone feeds or any SAP feeds) without any reduction of rent earned by TESC provided for in this Lease; provided, that in the event that Playboy would incur material costs and expenses to provide TESC any such additional feeds, Playboy shall notify TESC in writing thereof, and the parties shall discuss, in good faith, the terms and conditions governing the provision of such additional feed(s) to TESC.