Common use of Subservience Clause in Contracts

Subservience. This Agreement and the rights, exclusivities and protections granted hereunder shall in all respects be subordinate to, and shall not prevent the issuance, entering into, or amendment of, each of the following, as may be issued, entered into or amended from time to time (collectively, the “MLB Documents”): (a) any present or future agreements entered into by, or on behalf of, any of the MLB Entities (as defined below), or the Major League Baseball Clubs acting collectively, including, without limitation, the Major League Constitution, the Basic Agreement between the Major League Baseball Clubs and the Major League Baseball Players Association, the Professional Baseball Agreement, the Major League Rules, the Interactive Media Rights Agreement, and each agency agreement and operating guidelines among the Major League Baseball Clubs and any MLB Entity; and (b) the present and future mandates, rules, regulations, policies, practices, bulletins, by-laws, directives or guidelines issued or adopted by, or on behalf of, the Commissioner of Baseball, the Office of the Commissioner of Baseball (being the unincorporated association comprised of the Major League Baseball Clubs and any successor organizations) (“BOC”) or any other MLB Entity. The issuance, entering into, amendment or implementation of any of the MLB Documents shall be at no cost or liability to any MLB Entity or to any individual or entity related thereto. The territory within which Licensee is granted rights hereunder is limited to, and nothing herein shall be construed as conferring on Licensee rights in areas outside of, the Home Television Territory of the Club, as established and amended from time to time pursuant to the MLB Documents. No rights, exclusivities or obligations involving the Internet or any interactive or on-line media (as defined by the MLB Entities) are conferred by this Agreement, except as are specifically approved in writing by the applicable MLB Entity. For the purposes hereof, the “MLB Entities” shall be comprised of the BOC, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, and the Major League Baseball Clubs, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or I ▇▇▇▇▇▇ common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.

Appears in 6 contracts

Sources: Executive Suite License Agreement, Group Space License Agreement, Luxury Suite License Agreement

Subservience. Notwithstanding any other provision of this Agreement: (i) This Agreement and the rights, exclusivities and protections granted by the Brewers to MPD hereunder shall, at the request of the Office of the Commissioner of Baseball, be subject to its review and prior written approval, and shall in all respects be subordinate to, and shall not prevent the issuance, entering into, or amendment of, each any of the following, each as may be issued, entered into or amended from time to time (collectively, the “MLB Documents”): (ai) any present or future agreements or arrangements regarding the telecast, broadcast, recording (audio or visual), or other transmission or retransmission (including, but not limited to, transmission via the Internet or any other medium of interactive communication, now known or hereafter developed) of Major League Baseball games, and/or the accounts and descriptions thereof, entered into with third parties by any of the Office of the Commissioner of Baseball, the American and National Leagues of Professional Baseball Clubs, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., Major League Baseball Properties Canada Inc., Baseball Television, Inc., MLB Advanced Media, L.P., MLB Advanced Media, Inc. (“MLBAM”), MLB Media Holdings, Inc., MLB Media Holdings, L.P., MLB Online Services, Inc., and/or any of their respective present or future affiliates, assigns or successors (collectively, the “MLB Entities”), either on its own behalf or on behalf of the Major League Baseball Clubs and/or other MLB Entities; (ii) any other present or future agreements or arrangements entered into with third parties by, or on behalf of, any of the MLB Entities Entities, including, without limitation, those relating to ticketing, e-commerce, and/or the exploitation of intellectual property rights in any medium, including the Internet or any other medium of interactive communication; (as defined below), iii) any present or future agreements or arrangements entered into by the Brewers with the other Major League Baseball Clubs acting collectively, and/or one or more of the MLB Entities (including, without limitation, the Major League Constitution, the Basic Agreement between the Major American and National League Baseball Clubs and the Major League Baseball Players AssociationConstitutions, the Professional Baseball Agreement, the Major League Rules, the Interactive Media Rights Agreement, and each agency agreement and operating guidelines among the Major League Baseball Clubs and any an MLB Entity); and (biv) the present and future mandates, applicable rules, regulations, policies, practices, bulletins, by-laws, bulletins or directives or guidelines issued or adopted by, or on behalf of, either by the Commissioner of Baseball, the Office of the Commissioner of Baseball (being the unincorporated association comprised of or otherwise pursuant to the Major League Baseball Clubs and any successor organizations) (“BOC”) Constitution or any other MLB Entity. The issuance, entering into, amendment or implementation of any of the MLB Documents shall be at no cost or liability to any MLB Entity or to any individual or entity related thereto. The territory within which Licensee is granted rights hereunder is limited to, and nothing herein shall be construed as conferring on Licensee rights in areas outside of, the Home Television Territory of the Club, as established and amended from time to time pursuant to the MLB Documents. No rights, exclusivities or obligations involving the Internet or any interactive or on-line media (as defined by the MLB Entities) are conferred by this Agreement, except as are specifically approved in writing by the applicable MLB Entity. For the purposes hereof, the “MLB Entities” shall be comprised of the BOC, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, and the Major League Baseball Clubs, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or I ▇▇▇▇▇▇ common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entitiessuch agency agreement.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement