Common use of Television Programs Clause in Contracts

Television Programs. CDD shall notify Amazon in writing (“Television Program Availability Notice”) on a periodic basis of Television Programs available for licensing solely on an ODRL basis, which notice will specify whether made available by CDD in Approved 4K Resolution, High Definition, Standard Definition or any combination thereof. For each Television Program, the Television Program Availability Notice shall include all of the following information regarding the Television Program being made available (and, if such Television Program is being made available in Approved 4K Resolution, High Definition and/or Standard Definition, such information shall be provided with respect to each such version): (i) the Television Program ODRL Availability Date (unless the Availability Notice says otherwise, the Television Program ODRL Availability Date shall commence at 12:00 AM Pacific Time on the specified date); (ii) the Announce Date (as referenced in Section 10.2); and (iii) for each Television Program that is authorized by CDD to be distributed as part of a Season Bundle, the Television Program Availability Notice shall further include (a) the ODRL Availability Date for each episode of the Television Program in such Season Bundle; (b) the TV Distributor Price for such Season Bundle; and (c) a suggested Customer Price for such Season Bundle (which Amazon shall have no obligation to use as the actual Customer Price). In addition to the foregoing, the parties acknowledge that, in limited circumstances, CDD may indicate in a Television Program Availability Notice that certain Television Programs may only be made available through a certain date. Unless Amazon elects not to license any Television Program identified in a Television Program Availability Notice and notifies CDD thereof (with such notification to specify as to whether Amazon is not licensing a Television Program generally or electing to not license a Television Program in a specific resolution, i.e., Approved 4K Resolution, High Definition or Standard Definition) no later than forty-five (45) days after Amazon’s receipt of such Television Program Availability Notice, Amazon will be deemed to have elected to license that Television Program on an ODRL basis and in all available resolutions as set forth in the relevant Availability Notice. For the avoidance of doubt, a limited availability period shall not, in and of itself, require that Digital Locker Functionality be withdrawn for an ODRL Included Program that is a Television Program (unless CDD so specifies in the applicable Television Program Availability Notice), but CDD shall continue to have the right to require withdrawal of Digital Locker Functionality and/or Television Program Withdrawal in the situations described in Section 14.2. The Availability Date for each Television Program shall be determined by CDD in its sole discretion, provided, that, if CDD allows any other ODRL or VOD service in the Territory to make available to end-users on an ODRL or VOD basis an episode of a Current Series on a Next-Day Basis CDD shall also grant Amazon the right to distribute such episode on a Next-Day Basis on the Service pursuant to the terms of this Agreement.

Television Programs. 5.2.1 CDD shall notify Amazon in writing (“Television Program Availability Notice”) on a periodic basis of Television Programs available for licensing solely on an ODRL basislicense hereunder, which notice will specify whether made available by CDD in Approved 4K Resolution, High Definition, Standard Definition or any combination thereofboth. For each Television Program, the Television Program Availability Notice shall include all of the following information regarding the Television Program being made available (and, if such Television Program is being made available both in Approved 4K Resolution, High Definition and/or and Standard Definition, such information shall be provided with respect to each such version): (i) the Television Program ODRL Availability Date (unless the Availability Notice says otherwise, the Television Program ODRL Availability Date shall commence at 12:00 AM Pacific Time on the specified date); (ii) the Announce Date (as referenced in Section 10.2); and (iii) for each Television Program that is authorized by CDD to be distributed as part of a Season Bundle, the Television Program Availability Notice shall further include (a) the ODRL Availability Date for each episode of the Television Program in such Season Bundle; (b) the TV Distributor Price for such Season Bundle; and (c) a suggested Customer Price for such Season Bundle (which Amazon shall have no obligation to use as the actual Customer Price). In addition to the foregoing, the parties acknowledge that, in limited circumstances, CDD may indicate in a Television Program Availability Notice that certain Television Programs may only be made available through a certain date. Unless Amazon elects not to license any Television Program identified in a Television Program Availability Notice and notifies CDD thereof (with such notification to specify as to whether Amazon Licensee is not licensing a Television Program generally or electing to not license a Television Program in a specific resolution, i.e., Approved 4K Resolution, High Definition or Standard Definition) no later than forty-five (45) days after Amazon’s receipt of such Television Program Availability Notice, Amazon will be deemed to have elected to license that Television Program on an ODRL basis and in all available resolutions as set forth in the relevant Availability NoticeProgram. For the avoidance of doubt, a limited availability period shall not, in and of itself, require that Digital Locker Functionality be withdrawn for an ODRL Included Program that is a Television Program (unless CDD so specifies in the applicable Television Program Availability Notice), but CDD shall continue to have the right to require withdrawal of Digital Locker Functionality and/or Television Program Withdrawal in the situations described in Section 14.2. The Availability Date for each Television Program shall be determined by CDD in its sole discretion, provided, that, if CDD allows any other ODRL or VOD service in the Territory to make available to end-users on an ODRL or VOD basis an episode of a Current Series on a Next-Day Basis CDD shall also grant Amazon the right to distribute such episode on a Next-Day Basis on the Service pursuant to the terms of this Agreement.