Common use of VOD Content Clause in Contracts

VOD Content. VOD Content" shall be defined as specific programming from the Service, or as otherwise provided by Network, to be transmitted to a Subscriber, at such Subscriber's request, with the exhibition of any such program occurring following such Subscriber's request. Subject to (and not in limitation of) EchoStar's [*], each month during the Term Network shall make available to EchoStar for delivery via video on demand, the greater of (A) [*] of programming from the Service or (B) [*] that Network provides to any Other Distributor ("VOD Content"). Network shall refresh [*] of the VOD Content weekly. EchoStar shall have the right, but not the obligation, to distribute any or all of the VOD Content to its Subscribers. [*] For purposes of this Agreement, "VOD Gross Revenues" means the aggregate amount of the specific incremental fees received by EchoStar from Subscribers in connection with the viewing of the VOD Content (for clarity, this shall not include fees such as enabling fees, access fees and set top box fees), but shall not include any amounts collected by EchoStar in connection with taxes, assessments, or other fees imposed by applicable authorities related in any way to the VOD Content or EchoStar's transmission or distribution of the VOD Content. "VOD Net Revenues" with respect to VOD Content means VOD Gross Revenues less: (i) all applicable music performance rights and royalty payments (payable to ASCAP, BMI, SESAC and any other applicable music performance rights society) paid or payable by EchoStar in connection with the VOD Content; (ii) any credit, or refund given by EchoStar, in its sole discretion, to a Subscriber in connection with the VOD Content; (iii) any Subscriber charges for orders placed by telephone or the Internet, automatic number identification, or any other service provided by EchoStar in connection with Subscriber ordering of or payment for the viewing of the VOD Content (but not for ordering the VOD Content directly through a set top box); and (iv) Content Distribution Costs which shall not exceed [*]. "Content Distribution Costs" means all costs incurred by EchoStar in connection with any content management or distribution services in connection with the VOD Content, including without limitation encoding, encryption, storage, and/or transport costs.