Second Window Features, Post Second Window Features and Renewal Features Clause Samples
The clause defines and distinguishes between 'Second Window Features,' 'Post Second Window Features,' and 'Renewal Features' in the context of content licensing or distribution agreements. It typically specifies which content or episodes fall into each category, such as features made available after an initial exclusive period (second window), those released after that period (post second window), and features that are re-licensed or renewed for additional terms (renewal features). By clearly categorizing these types of features, the clause ensures both parties understand the timing, rights, and obligations associated with each, thereby preventing disputes over content availability and licensing terms.
Second Window Features, Post Second Window Features and Renewal Features. For Avail Year 1, Licensee shall license from Licensor hereunder, subject to the terms of this Agreement, the Post Second Window Features specified on Schedule A-2 attached hereto. Licensor has made an availability list available to Licensee for Second Window Features for Avail Year 2 and Licensee hereby acknowledges receipt thereof. Licensor shall make available for license hereunder all Second Window Features (other than Excluded Features) and/or Renewal Features which have an Availability Date within Avail Year 3 and shall do so by providing Licensee with at least one hundred fifty (150) days written notice prior to each such Feature Film’s Availability Date. Following receipt of such notice, Licensee shall have thirty (30) days to provide Licensor with notice of the Feature Films it intends to license hereunder. For Avail Year 1, Licensee shall license from Licensor hereunder, subject to the terms of this Agreement, the Second Window Features specified on Schedule A-3 attached hereto. During each of Avail Years 2 and 3, subject to Section 5.3 below, Licensee shall be required to license the following number of Feature Films (excluding Library Features:
(i) 65 for Avail Year 2; and
(ii) 70 for Avail Year 3; provided, however, that such Feature Films to be licensed by Licensee must include the number of DTVs, MOWs and Foreign Features described in 5.2.3 below.