Common use of Bandwidth Allocation Clause in Contracts

Bandwidth Allocation. Subject to the terms of this Marketing Agreement, beginning on a date to be mutually agreed to by the Parties and in any event no later than [*] months after the date of this Marketing Agreement (the "Bandwidth Commencement Date"), and continuing for as long as [*], DIRECTV shall make available to TiVo at least [*] of bandwidth capacity (the "Bandwidth Capacity") via a DIRECTV satellite (or any other high power Ku-band satellite that provides the DIRECTV Service (as determined by DIRECTV in its sole and absolute discretion)) in order to deliver enhanced personalized television services to TiVo Subscribers. The Parties shall mutually determine the specific transmission times and rates associated with such delivery. TiVo shall be responsible for transmitting, at TiVo's expense, a high quality signal to one or more DIRECTV broadcast centers designated by DIRECTV containing the data and/or video/audio used to provide such enhanced services in a format specified by DIRECTV. DIRECTV shall use its commercially reasonable efforts to maintain, in accordance with its technical standards and procedures, a high quality signal transmission from DIRECTV's broadcast centers to the end user. Notwithstanding the foregoing, (i) DIRECTV shall have the right to preempt or interrupt any transmission of TiVo data and/or video/audio that DIRECTV determines, in its sole discretion, is necessary in order to protect DIRECTV's business, (ii) DIRECTV shall have the right to suspend its obligation to provide the Bandwidth Capacity at any time after [*] if there are fewer than [*] DIRECTV/TiVo Subscribers using such Bandwidth Capacity, and (iii) DIRECTV also shall have the right to suspend its obligation to provide the * Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission.

Bandwidth Allocation. Subject to the terms of this Marketing Agreement, beginning on a date to be mutually agreed to by the Parties and in any event no later than [*] months after the date of this Marketing Agreement [*] (the "Bandwidth Commencement Date"), and continuing for as long as [*], DIRECTV shall make available to TiVo TIVO at least [*] of bandwidth capacity (the "Bandwidth Capacity") via a DIRECTV satellite (or any other high power Ku-band satellite that provides the DIRECTV Service (as determined by DIRECTV in its sole and absolute discretion)) in order to deliver enhanced personalized television services to TiVo TIVO Subscribers. The Parties shall mutually determine the specific transmission times and rates associated with such delivery. TiVo TIVO shall be responsible for transmitting, at TiVoTIVO's expense, a high quality signal to one or more DIRECTV broadcast centers designated by DIRECTV containing the data and/or video/audio used to provide such enhanced services in a format specified by DIRECTV. DIRECTV shall use its commercially reasonable efforts to maintain, in accordance with its technical standards and procedures, a high quality signal transmission from DIRECTV's broadcast centers to the end user. Notwithstanding the foregoing, (i) DIRECTV shall have the right to preempt or interrupt any transmission of TiVo TIVO data and/or video/audio that DIRECTV determines, in its sole discretion, is necessary in order to protect DIRECTV's business, (ii) DIRECTV shall have the right to suspend its obligation to provide the Bandwidth Capacity at any time after [*] if there are fewer than [*] DIRECTV/TiVo TIVO Subscribers using such Bandwidth Capacity, and (iii) DIRECTV also shall have the right to suspend its obligation to provide the * Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission.