XM System definition
Examples of XM System in a sentence
The Receiving Party will maintain policies and procedures sufficient to maintain the confidentiality and security of all Confidential Information of the Disclosing Party, including but not limited to so as to preclude unauthorized access to the Sirius System and/or XM System.
This Agreement shall terminate immediately upon the expiration or termination for any reason of the XM System Licence Agreement.
CSR shall commence delivery of the CSR Channels to XM no later than fourteen (14) days prior to the date XM is to commence pre-launch testing of the Services (as such term is defined in the XM System Licence Agreement) to be provided in Canada, as specified in the XM System Licence Agreement dated as of the date hereof by and among XM, CSR, CSR Parent (the “XM System Licence Agreement”).
The parties acknowledge that in keeping with U.S. regulatory requirements, XM shall have complete and sole technical authority over the XM System, including upload and broadcast of all CSR Channels, as well as the right to control, designate and modify the location and bandwidth allocation of the CSR Channels over which the CSR Programs are to be carried.
Without limiting the foregoing and subject to Section 1.2(b) below, none of the CSR Channels or any of the CSR Programs contained therein shall be made available for distribution or transmission in the Territory by any means or media other than as part of the Services under the XM System Licence Agreement without XM’s prior written consent (i.e., XM’s rights shall be exclusive in the Territory), which consent may be withheld or granted in XM’s sole discretion.
Carriage of the CSR Channels on the XM System may be preempted, interrupted or suspended due to unusual, abnormal or other unforeseen situations, or conditions or for reasons beyond XM’s control, including without limitation, maintenance requirements or emergency conditions experienced by XM; or to protect the XM System, its personnel, facilities or services (collectively, “Emergency Preemption”).
Such licence shall include reception by XM System subscribers and CSR System subscribers in the Territory.
The Programming shall be distributed on the XM System on a channel selected by SIRIUS XM from time to time in its sole discretion and dedicated on a full time basis to the Programming.
In the event that it becomes impossible for ST to meet a milestone deadline due to delays caused by XM or a contractor of XM participating in the development and construction of the XM System (due to, the untimely delivery of a workable chipset specification, the unavailability of [*****], the production of materials required by XM under Article 2.2.4, or otherwise), the Parties shall discuss the appropriate adjustment, if any, to the milestone, bonus and incentive bonus deadlines set forth below.
Should such a resolution not be reached, the parties further agree that the matter (other than claims for which injunctive relief is sought) shall be settled by arbitration in accordance with the provisions set forth in the XM System Licence Agreement.