Cross Border Issues; Gxxx Market Subscribers Sample Clauses

Cross Border Issues; Gxxx Market Subscribers. The parties acknowledge that under present regulations and licences XM may not market its SDARS service to Canadian residents, and CSR may not market its SDARS service to U.S. residents. The parties further acknowledge that XM currently cannot prevent the reception of such XM CPackage Channels or any other XM channels and/or services in Canada by radios sold with a U.S. identification or configured to receive the U.S. service, including radios sold in the U.S. but transported to Canada, and cannot prevent U.S.-based subscribers from subscribing for CSR’s subscription offerings. The parties also acknowledge that XM can only implement reception blocking or package swapping (replacing a U.S. package of channels for a Canadian package) in radios that are operating when XM broadcasts the signals that implement such blocking or swapping, and cannot accept any liability to CSR or to any third party for any unauthorized receptions or for radios that were not operating when blocking or swapping signals were broadcast. Within the 12 month period commencing on the effective date XM and CSR will evaluate the cost effectiveness of methods or technology that use credit card billing addresses from databases to identify “gxxx market” subscribers and at CSR’s option will work in good faith to implement the same within such 12 month period. The cost of any changes to XM’s billing system to use Canadian credit card billing addresses from databases to identify “gxxx market” subscribers shall be borne by CSR. If XM implements one or more methods of or technologies for minimizing the number of or eliminating “gxxx market” subscribers, it shall make the methods or technologies available to CSR, and CSR shall implement the same to identify Subscribers with U.S. credit card billing addresses.