Common use of Notwithstanding Section 10 Clause in Contracts

Notwithstanding Section 10. 1.1 above, if Licensee employs more restrictive security systems, procedures and technologies for its Pay-Per-View and/or Video-On-Demand exhibition of any motion picture licensed from another feature film provider pursuant to an output or package (of more than 5 titles) agreement on a day-and- date or pre-day and date avail date basis than for a comparable (in terms of day-and-date or pre-day and date avail date) Included Program hereunder (“Special Content Protection”), then Licensee shall promptly notify Licensor in writing thereof and of any directly related terms and conditions. Licensor 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, and if Licensor exercises such right, this Agreement shall be deemed automatically amended to incorporate such directly related terms and conditions, including, without limitation, such Special Content Protection, only for the exhibition of such comparable Included Program (in terms of day-and-date or pre-day and date avail date). Nothing contained herein shall be construed to require Licensee to offer to Licensor a day-and-date or earlier avail date opportunity (and thus the Special Content Protection with respect thereto) if, in Licensee’s reasonable business judgment, Licensee desires to limit such avail date opportunities.