Common use of Joining Third Party Beneficiary Claims Clause in Contracts

Joining Third Party Beneficiary Claims. AACS LA shall provide timely notice to all Content Participants that have notified AACS LA of their eligibility as an Eligible Content Participant (in the case of a Third Party Beneficiary Claim against a Fellow Adopter other than a Fellow Adopter to the extent acting as a Licensed Content Producer) or Fellow Adopters that have notified AACS LA of their eligibility as an Eligible Fellow Adopter (in the case of a Third Party Beneficiary Claim against a Content Participant, Content Provider or Fellow Adopter to the extent acting as a Licensed Content Producer) of receipt of any notice of a Third Party Beneficiary Claim against such defendant (“Defendant”). Within thirty (30) days of the date of receipt of such notice, all eligible Third Party Beneficiaries shall elect whether to join the Third Party Beneficiary Claim and provide notice of intent to join such Third Party Beneficiary Claim to AACS LA. The failure to provide notice to AACS LA and to move to join such Third Party Beneficiary Claim within the allotted thirty (30) day period, or the subsequent withdrawal from such Third Party Beneficiary Claim shall be deemed a waiver of the applicable Content Participant’s and/or Fellow Adopter’s Third Party Beneficiary right under the respective Content Participant Agreement and Adopter Agreement with respect to all Third Party Beneficiary Claims against Defendant arising out of the alleged breach asserted by the Third Party Beneficiary. The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and Defendant shall not object to, any motion to so join provided it is instituted within the thirty (30) day period following receipt of notice of such Third Party Beneficiary Claim. Neither a Content Participant’s or a Fellow Adopter’s failure to notify and consult with AACS LA or provide AACS LA with relevant documents, nor AACS LA’s failure to give notice or provide copies to any Content Participant or Fellow Adopter in accordance with these Third Party Beneficiary procedures shall be a defense to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.

Joining Third Party Beneficiary Claims. AACS LA shall provide timely notice to all Content Participants that have notified AACS LA of their eligibility as an Eligible Content Participant (in the case of a Third Party Beneficiary Claim against a Fellow Adopter other than a Fellow Adopter to the extent acting as a Licensed Content Producer) or Fellow Adopters that have notified AACS LA of their eligibility as an Eligible Fellow Adopter (in the case of a Third Party Beneficiary Claim against a Content Participant, Content Provider or Fellow Adopter to the extent acting as a Licensed Content Producer) of Upon receipt of any notice of a Third Party Beneficiary Claim against such a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Third Party Beneficiaries who have a right to make the same Third Party Beneficiary Claim. Within thirty (30) calendar days of the date of receipt of such notice, all eligible each Third Party Beneficiaries Beneficiary shall elect whether to join the Third Party Beneficiary Claim and provide notice of intent to join such Third Party Beneficiary Claim to AACS LACI Plus TA. Each Third Party Beneficiary shall make its own decision on whether to join the Third Party Beneficiary Claim or not. The failure by a particular Third Party Beneficiary to provide notice to AACS LA CI Plus TA and to move to join such Third Party Beneficiary Claim within the allotted thirty (30) calendar day period, or the subsequent withdrawal from such Third Party Beneficiary Claim period shall be deemed a waiver of the applicable Content Participantsuch party’s and/or Fellow Adopter’s right to be a Third Party Beneficiary right under the respective Content Participant Agreement and Adopter Agreement its applicable agreement with respect to all Third Party Beneficiary Claims claims it may have against Defendant arising out of the alleged breach asserted by pursuant to the notified Third Party BeneficiaryBeneficiary Claim. The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and Defendant shall not object to, any motion by another Third Party Beneficiary to so join provided it is instituted within the thirty (30) calendar day period following receipt notice by CI Plus TA of a Third Party Beneficiary Claim. Judgment entered upon such Third Party Beneficiary Claims shall be binding on all Third Party Beneficiaries, who received notice of from CI Plus TA as if they had joined such Third Party Beneficiary Claim. Neither a Content Participant’s or a Fellow AdopterThird Party Beneficiary’s failure to notify and consult with AACS LA or provide AACS LA with relevant documentsCI Plus TA, nor AACS LACI Plus TA’s failure to give notice or provide copies to any Content Participant or Fellow Adopter Third Party Beneficiary in accordance with these Third Party Beneficiary Claim procedures shall be a defense to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.

Joining Third Party Beneficiary Claims. AACS LA shall provide timely notice to all Content Participants that have notified AACS LA of their eligibility as an Eligible Content Participant (in the case of a Third Party Beneficiary Claim against a Fellow Adopter other than a Fellow Adopter to the extent acting as a Licensed Content Producer) or Fellow Adopters that have notified AACS LA of their eligibility as an Eligible Fellow Adopter (in the case of a Third Party Beneficiary Claim against a Content Participant, Content Provider or Fellow Adopter to the extent acting as a Licensed Content Producer) of Upon receipt of any notice of a Third Party Beneficiary Claim against such a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Third Party Beneficiaries who have a right to make the same Third Party Beneficiary Claim. Within thirty (30) calendar days of the date of receipt of such notice, all eligible each Third Party Beneficiaries Beneficiary shall elect whether to join the Third Party Beneficiary Claim and provide notice of intent to join such Third Party Beneficiary Claim to AACS LACI Plus TA. Each Third Party Beneficiary shall make its own decision on whether to join the Third Party Beneficiary Claim or not. The failure by a particular Third Party Beneficiary to provide notice to AACS LA CI Plus TA and to move to join such Third Party Beneficiary Claim within the allotted thirty (30) calendar day period, or the subsequent withdrawal from such Third Party Beneficiary Claim period shall be deemed a waiver of the applicable Content Participantsuch party’s and/or Fellow Adopter’s right to be a Third Party Beneficiary right under the respective Content Participant Agreement and Adopter Agreement its applicable agreement with respect to all Third Party Beneficiary Claims claims it may have against Defendant arising out of the alleged breach asserted by pursuant to the notified Third Party BeneficiaryBeneficiary Claim. The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and Defendant shall not object to, any motion by another Third Party Beneficiary to so join provided it is instituted within the thirty (30) calendar day period following receipt notice by CI Plus TA of a Third Party Beneficiary Claim. Judgment entered upon such Third Party Beneficiary Claims shall be binding on all Third Party Beneficiaries, who received notice of from CI Plus TA as if they had joined such Third Party Beneficiary Claim. Neither a Content Participant’s or a Fellow AdopterThird Party Beneficiary’s failure to notify and consult with AACS LA or provide AACS LA with relevant documentsCI Plus TA, nor AACS LACI Plus TA’s failure to give notice or provide copies to any Content Participant or Fellow Adopter Third Party Beneficiary in accordance with these Third Party Beneficiary Claim procedures shall be a defense to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested. Notwithstanding any of the above, if CI Plus fails to give notice of a claim to all Third Party Beneficiaries, then any Third Party Beneficiaries who were not notified will be able to bring their own claims.

Joining Third Party Beneficiary Claims. AACS LA shall provide timely notice to all Content Participants that have notified AACS LA of their eligibility as an Eligible Content Participant (in the case of a Third Party Beneficiary Claim against a Fellow Adopter other than a Fellow Adopter to the extent acting as a Licensed Content Producer) or Fellow Adopters that have notified AACS LA of their eligibility as an Eligible Fellow Adopter (in the case of a Third Party Beneficiary Claim against a Content Participant, Content Provider or Fellow Adopter to the extent acting as a Licensed Content Producer) of Upon receipt of any notice of a Third Party Beneficiary Claim against such a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Third Party Beneficiaries who have a right to make the same Third Party Beneficiary Claim. Within thirty sixtythirty (30360) calendar days of the date of receipt of such notice, all eligible each Third Party Beneficiaries Beneficiary shall elect whether to join the Third Party Beneficiary Claim and provide notice of intent to join such Third Party Beneficiary Claim to AACS LACI Plus TA. Each Third Party Beneficiary shall make its own decision on whether to join the Third Party Beneficiary Claim or not. The failure by a particular Third Party Beneficiary to provide notice to AACS LA CI Plus TA and to move to join such Third Party Beneficiary Claim within the allotted thirty sixtythirty (30360) calendar day period, or the subsequent withdrawal from such Third Party Beneficiary Claim period shall be deemed a waiver of the applicable Content Participantsuch party’s and/or Fellow Adopter’s right to be a Third Party Beneficiary right under the respective Content Participant Agreement and Adopter Agreement its applicable agreement with respect to all Third Party Beneficiary Claims contract claims it may have against Defendant arising out of the alleged breach asserted by pursuant to the notified Third Party BeneficiaryBeneficiary Claim. The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and Defendant shall not object to, any motion by another Third Party Beneficiary to so join provided it is instituted within the thirty sixtythirty (30360) calendar day period following receipt notice by CI Plus TA of a Third Party Beneficiary Claim. Judgment entered upon such Third Party Beneficiary Claims shall be binding on all Third Party Beneficiaries, who received notice of from CI Plus TA as if they had joined such Third Party Beneficiary Claim. Neither a Content Participant’s or a Fellow AdopterThird Party Beneficiary’s failure to notify and consult with AACS LA or provide AACS LA with relevant documentsCI Plus TA, nor AACS LACI Plus TA’s failure to give notice or provide copies to any Content Participant or Fellow Adopter Third Party Beneficiary in accordance with these Third Party Beneficiary Claim procedures shall be a defense to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested. Notwithstanding any of the above, if CI Plus fails to give notice of a claim to all Third Party Beneficiaries, then any Third Party Beneficiaries who were not notified will be able to bring their own claims.

Joining Third Party Beneficiary Claims. AACS LA shall provide timely notice to all Content Participants that have notified AACS LA of their eligibility as an Eligible Content Participant (in the case of a Third Party Beneficiary Claim against a Fellow Adopter other than a Fellow Adopter to the extent acting as a Licensed Content Producer) or Fellow Adopters that have notified AACS LA of their eligibility as an Eligible Fellow Adopter (in the case of a Third Party Beneficiary Claim against a Content Participant, Content Provider or Fellow Adopter to the extent acting as a Licensed Content Producer) of Upon receipt of any notice of a Third Party Beneficiary Claim against such defendant a Licensee (“Defendant”). Within thirty (30) days , CI Plus TA shall provide timely notice to all members of the date of receipt of Content Distributor User Group (as defined in Clause 3.2). No later than sixty (60) sixty days after such notice, all eligible each Third Party Beneficiaries Beneficiary shall elect whether to join the Third Party Beneficiary Claim and and, if it wishes to join the Third Party Beneficiary Claim, shall within that period provide notice to CI Plus TA of intent to join such Third Party Beneficiary Claim. Each Third Party Beneficiary shall make its own decision on whether to join the Third Party Beneficiary Claim to AACS LAor not. The failure by a particular Third Party Beneficiary to provide such notice to AACS LA and to move to join CI Plus TA within the allotted sixty (60) day period shall mean that such Third Party Beneficiary Claim within the allotted thirty (30) day period, or the subsequent withdrawal from such shall not be a Third Party Beneficiary Claim shall be deemed a waiver of the applicable Content Participant’s and/or Fellow Adopter’s Third Party Beneficiary right under the respective Content Participant Agreement and Adopter Agreement with respect to all Third Party Beneficiary Claims contract claims it may have against Defendant arising out of the alleged breach asserted by pursuant to the notified Third Party BeneficiaryBeneficiary Claim. The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and CI Plus shall use reasonable endeavours to procure that Defendant shall not object to, any motion by another Third Party Beneficiary to so join join, provided it the motion is instituted initiated within the thirty sixty (3060) day period following receipt notice by CI Plus TA of the Third Party Beneficiary Claim. Judgement entered upon such Third Party Beneficiary Claims shall be binding on all Third Party Beneficiaries, who received notice of from CI Plus TA as if they had joined such Third Party Beneficiary Claim. Neither a Content Participant’s or a Fellow AdopterThird Party Beneficiary’s failure to notify and consult with AACS LA or provide AACS LA with relevant documentsCI Plus TA, nor AACS LACI Plus TA’s failure to give notice or provide copies to any Content Participant or Fellow Adopter Third Party Beneficiary in accordance with these Third Party Beneficiary Claim procedures shall be a defense defence to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested. Notwithstanding any of the above, if CI Plus fails to give notice of a claim to Third Party Beneficiaries, that are members of the Content Distributor User Group, then any Third Party Beneficiaries who were not notified will be able to bring their own claims.

Joining Third Party Beneficiary Claims. AACS LA shall provide timely notice to all Content Participants that have notified AACS LA of their eligibility as an Eligible Content Participant are Contributors listed on Exhibit E or Founders (in the case of a Third Party Beneficiary Claim against a Fellow Adopter other than a Fellow Adopter to the extent acting as a Licensed Content Producer) or Fellow Adopters that have notified AACS LA of their eligibility as an Eligible Fellow Adopter are Contributors listed on Exhibit E or Founders (in the case of a Third Party Beneficiary Claim against a Content Participant, Content Provider or Fellow Adopter to the extent acting as a Licensed Content Producer) of receipt of any notice of a Third Party Beneficiary Claim against such defendant (“"Defendant”"). Within thirty (30) 30 days of the date of receipt of such notice, all eligible Third Party Beneficiaries shall elect whether to join the Third Party Beneficiary Claim and provide notice of intent to join such Third Party Beneficiary Claim to AACS LA. The failure to provide notice to AACS LA and to move to join such Third Party Beneficiary Claim within the allotted thirty (30) day period, or the subsequent withdrawal from such Third third Party Beneficiary Claim shall be deemed a waiver of the applicable Content Participant’s 's and/or Fellow fellow Adopter’s 's Third Party Beneficiary right under the respective Content Participant Agreement and Adopter this Interim Agreement with respect to all Third Party Beneficiary Claims against Defendant arising out of the alleged breach asserted by the Third Party Beneficiary. The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and Defendant shall not object to, any motion to so join provided it is instituted within the thirty (30) 30 day period following receipt of notice of such Third Party Beneficiary Claim. Neither a Content Participant’s 's or a Fellow Adopter’s 's failure to notify and consult with AACS LA or provide AACS LA with relevant documents, nor AACS LA’s 's failure to give notice or provide copies to any Content Participant or Fellow Adopter in accordance with these Third Party Beneficiary procedures shall be a defense to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.

Joining Third Party Beneficiary Claims. AACS LA shall provide timely notice to all Content Participants that have notified AACS LA of their eligibility as an Eligible Content Participant (in the case of a Third Party Beneficiary Claim against a Fellow Adopter other than a Fellow Adopter to the extent acting as a Licensed Content Producer) or Fellow Adopters that have notified AACS LA of their eligibility as an Eligible Fellow Adopter (in the case of a Third Party Beneficiary Claim against a Content Participant, Content Provider or Fellow Adopter to the extent acting as a Licensed Content Producer) of Upon receipt of any notice of a Third Party Beneficiary Claim against such defendant a Licenseedefendant (“Defendant”). Within thirty (30) days , CI Plus TA shall provide timely notice only to such Third Party Beneficiaries all members of the date of receipt of Content Distributor User Group (as defined in Clause 3.2)who have a right to make the same Third Party Beneficiary Claim. No later than sixty (60) Within sixtythirty (360) calendar days afterof such notice, all eligible each Third Party Beneficiaries Beneficiary shall elect whether to join the Third Party Beneficiary Claim and and, if it wishes to join the Third Party Beneficiary Claim, shall within that period provide notice to CI Plus TA of intent to join such Third Party Beneficiary Claim. to CI Plus TA. Each Third Party Beneficiary shall make its own decision on whether to join the Third Party Beneficiary Claim to AACS LAor not. The failure by a particular Third Party Beneficiary to provide such notice to AACS LA CI Plus TA and to move to join such Third Party Beneficiary Claim within the allotted thirty sixty (3060)thirty (360) calendar day period, or the subsequent withdrawal from period shall mean that such Third Party Beneficiary Claim shall be notbe deemed a waiver of the applicable Content Participantsuch party’s and/or Fellow Adopter’s right to be a Third Party Beneficiary right under the respective Content Participant Agreement and Adopter Agreement its applicable agreement with respect to all Third Party Beneficiary Claims contract claims it may have against Defendant arising out of the alleged breach asserted by pursuant to the notified Third Party BeneficiaryBeneficiary Claim. The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and CI Plus shall use reasonable endeavours to procure that Defendant shall not object to, any motion by another Third Party Beneficiary to so join join, provided it the motionit is instituted initiatedinstituted within the thirty sixty (3060)thirty (360) calendar day period following receipt notice by CI Plus TA of thea Third Party Beneficiary Claim. Judgement entered upon such Third Party Beneficiary Claims shall be binding on all Third Party Beneficiaries, who received notice of from CI Plus TA as if they had joined such Third Party Beneficiary Claim. Judgment entered upon such Third Party Beneficiary Claims shall be binding on all Third Party Beneficiaries, who received notice from CI Plus TA as if they had joined such Third Party Beneficiary Claim. Neither a Content Participant’s or a Fellow AdopterThird Party Beneficiary’s failure to notify and consult with AACS LA or provide AACS LA with relevant documentsCI Plus TA, nor AACS LACI Plus TA’s failure to give notice or provide copies to any Content Participant or Fellow Adopter Third Party Beneficiary in accordance with these Third Party Beneficiary Claim procedures shall be a defense defence to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested. Notwithstanding any of the above, if CI Plus fails to give notice of a claim to all Third Party Beneficiaries, that are members of the Content Distributor User Group, then any Third Party Beneficiaries who were not notified will be able to bring their own claims.