Common use of Viewing Period MFN for Licensee Clause in Contracts

Viewing Period MFN for Licensee. If at any time during the Term, Licensor or any other SPE Entity grants any Other Provider a longer PPV Viewing Period and/or VOD Viewing Period with respect to any Included Program, then Licensor shall notify Licensee in writing thereof and of any terms and conditions contained in the agreement between Licensor or any other SPE Entity and such Other Provider with respect to such Included Program that are directly related to such longer PPV Viewing Period and/or VOD Viewing Period, as applicable. Such notice may, for the avoidance of doubt, be granted with respect to a limited number of titles in the availability notices for such titles issued by Licensor in the ordinary course of business. Licensee shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match such directly related terms and conditions with respect to such Included Program (if Licensee is not reasonably capable of complying with such terms and conditions (taking into consideration Licensee’s technology and national footprint), then Licensor shall use commercially reasonable efforts to provide substantially comparable terms and conditions with which Licensee is capable of complying with respect to all platforms of the Licensed Service; it being agreed and acknowledged by Licensee that Licensor may not be able to accommodate all platforms despite commercially reasonable efforts). Licensor will impose any such terms and conditions on a non-discriminatory basis. If Licensee exercises the foregoing right, this Agreement shall be deemed automatically amended such that the License shall include such longer Viewing Period(s) with respect to the exploitation hereunder of (i) Video-On-Demand rights in such Included Program only if the rights granted by Licensor to the Other Provider included Video-On-Demand rights to such Included Program, and (ii) Pay-Per-View rights in such Included Program if the rights granted by Licensor to the Other Provider included Video- On-Demand and/or Pay-Per-View rights to such Included Program.

Viewing Period MFN for Licensee. If at any time during the Term, Licensor or any other SPE Entity grants any Other Provider a longer PPV Viewing Period and/or VOD Viewing Period with respect to any Included Program, then Licensor shall notify Licensee in writing thereof and of any terms and conditions contained in the agreement between Licensor or any other SPE Entity and such Other Provider with respect to such Included Program that are directly related to such longer PPV Viewing Period and/or VOD Viewing Period, as applicable. Such notice may, for the avoidance of doubt, be granted with respect to a limited number of titles in the availability notices for such titles issued by Licensor in the ordinary course of business. Licensee shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match such directly related terms and conditions with respect to such Included Program (if Licensee is not reasonably capable of complying with such terms and conditions (taking into consideration Licensee’s technology and national footprint), then Licensor shall use commercially reasonable efforts to provide substantially comparable terms and conditions with which Licensee is capable of complying with respect to all platforms of the Licensed Service; it being agreed and acknowledged by Licensee that Licensor may not be able to accommodate all platforms despite commercially reasonable efforts). Licensor will impose any such terms and conditions on a non-discriminatory basis. If Licensee exercises the foregoing right, this Agreement shall be deemed automatically amended such that the License shall include such longer Viewing Period(s) with respect to the exploitation hereunder of (i) Video-On-Demand rights in such Included Program only if the rights granted by Licensor to the Other Provider included Video-On-Demand rights to such Included Program, and (ii) Pay-Per-View rights in such Included Program if the rights granted by Licensor to the Other Provider included Video- Video-On-Demand and/or Pay-Per-View rights to such Included Program.