Common use of WITHDRAWAL AND ADJUSTMENT Clause in Contracts

WITHDRAWAL AND ADJUSTMENT. (a) Licensor may, in its absolute discretion, withdraw any licensed picture if Licensor determines that the telecasting thereof would or might (i) infringe upon the rights of others; (ii) violate any law, court order, government regulation or other ruling of any governmental agency; (iii) interfere with the actual or contemplated use of the licensed picture or the material or rights contained therein for any purposes other than the telecasting of the picture in Licensee's basic area; or, (iv) subject Licensor to any liability. (b) If Licensor elects to withdraw any picture as set forth in the preceding subparagraph (a) of this paragraph 11, before its initial telecast, or if the Picture is not acquired or produced by Licensor or if Licensor does not control distribution rights, then Licensor shall have the right, in its sole discretion, either to deliver to Licensee another picture of comparable quality (which picture shall be deemed to replace the picture withdrawn) or may reduce the number of pictures to be delivered and paid for hereunder by one and Licensee shall be given a refund or credit, at Licensor's election, of such license fee for such picture. Licensor also agrees to pay Licensee's actual cost and expenses of dubbing and subtitling and simple preparation customary in the industry.

Appears in 2 contracts

Samples: Program License Agreement (Crown Media Holdings Inc), Program License Agreement (Crown Media Holdings Inc)

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WITHDRAWAL AND ADJUSTMENT. (a) Licensor may, in its absolute discretion, withdraw any licensed picture if Licensor determines that the telecasting thereof would or might (i) infringe upon the rights of others; (ii) violate any law, court order, government regulation or other ruling of any governmental agency; (iii) interfere with the actual or contemplated use of the licensed picture or the material or rights contained therein for any purposes other than the telecasting of the picture in Licensee's basic area’s Territory in the media licensed hereunder; or, (iv) subject Licensor to any liability. (b) If Licensor elects to withdraw any picture as set forth in the preceding subparagraph (a) of this paragraph 11, before its initial telecast, or if the Picture is not acquired or produced by Licensor or if Licensor does not control distribution rights, then Licensor shall have the right, in its sole discretion, either to deliver to Licensee another picture of comparable quality (which picture shall be deemed to replace the picture withdrawn) or may reduce the number of pictures to be delivered and paid for hereunder by one and Licensee shall be given a refund or credit, at Licensor's ’s election, of such license fee for such picture. (c) If Licensor elects to withdraw any picture (as provided in subparagraph (a) of this paragraph 11) at any time after its initial or subsequent telecast, Licensor shall have the right to grant Licensee a number of additional telecasts of any other picture or pictures licensed hereunder of comparable quality to picture withdrawn. Licensor also agrees Such additional telecast shall be equal to pay the number of telecasts, if any, remaining on such withdrawn picture. (d) If a print of any withdrawn picture has been shipped to Licensee's actual cost and expenses of dubbing and subtitling and simple preparation customary in the industry, Licensee will promptly return it to Licensor.

Appears in 1 contract

Samples: Television License Agreement (Crown Media Holdings Inc)

WITHDRAWAL AND ADJUSTMENT. (a) Licensor may, in its absolute discretion, ,withdraw any licensed picture if Licensor determines that the telecasting thereof would or might (i) infringe upon the rights of others; (ii) violate any law, court order, government regulation or other ruling of any governmental agency; (iii) interfere with the actual or contemplated use of the licensed picture or the material material, or rights contained therein for any purposes purpose other than the telecasting of the picture in Licensee's basic area; or, or (iv) subject Licensor to any liability. (b) If Licensor elects to withdraw any picture as set forth in the preceding subparagraph (a) of this paragraph 11, before its initial telecast, or if the Picture is not acquired or produced by Licensor or if Licensor does not control distribution rights, then Licensor shall have the right, ,in its sole discretion, either to deliver to Licensee another picture of comparable quality (which picture shall be deemed to replace the picture withdrawn) or may reduce the number of pictures to be delivered and paid for hereunder by one and Licensee shall be given a refund or credit, at Licensor's election, of such license fee for such picture. Licensor also agrees to pay Licensee's actual cost and expenses of dubbing and subtitling and simple preparation customary in the industry.

Appears in 1 contract

Samples: Program License Agreement (Crown Media Holdings Inc)

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WITHDRAWAL AND ADJUSTMENT. (a) Licensor may, in its absolute discretion, withdraw any licensed picture Picture if Licensor determines that the telecasting thereof would or might (i) infringe upon the rights of others; (ii) violate any law, court order, government regulation or other ruling of any governmental agency; (iii) interfere with the actual or contemplated use of the licensed picture Picture or the material or rights contained therein for any purposes other than the telecasting of the picture Picture in Licensee's basic area; or, (iv) subject Licensor to any liability. (b) If Licensor elects to withdraw any picture Picture as set forth in the preceding subparagraph (a) of this paragraph 11, before its initial telecast, or if the Picture is not acquired or produced by Licensor or if Licensor does not control distribution rights, then Licensor shall have the right, in its sole discretion, either to deliver to Licensee another picture of comparable quality (which picture shall be deemed to replace the picture Picture withdrawn) or may reduce the number of pictures Pictures to be delivered and paid for hereunder by one and Licensee shall be given a refund or credit, at Licensor's election, of such license fee for such picturePicture. Licensor also agrees to pay Licensee's actual cost and expenses of dubbing and subtitling and simple preparation customary in the industry.

Appears in 1 contract

Samples: Program License Agreement (Crown Media Holdings Inc)

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