Common use of Generally Available Content Clause in Contracts

Generally Available Content. During the Term, Group shall, and shall cause its Affiliates to, regularly make available and grant the right to use, Generally Available Content to Company and its Affiliates in the same manner that Group or the applicable Group Affiliate allows Online Music Companies to use the applicable Generally Available Content (it being understood and agreed that, unless Group or an Affiliate thereof specifically grants such rights to Company or an Affiliate thereof, Company shall not acquire any rights in Generally Available Content greater than those rights generally granted by Group or an Affiliate thereof to other Online Music Companies). If Generally Available Content is generally provided by Group or an Affiliate thereof to the Online Music Companies on specific terms and conditions ("Standard Terms") (e.g., limitations in use, period of time for use, financial terms), Group and its Affiliates shall provide the Generally Available Content to Company and its Affiliates on the same Standard Terms. Group shall use commercially reasonable efforts to make available, or cause to be made available, to Company all Generally Available Content of a general promotional nature no later than such content is generally made available to Online Music Companies; provided that Group shall have no liability whatsoever for its failure to comply with the requirements of this sentence. Notwithstanding the foregoing, Group shall not be deemed to be in breach of this paragraph 3(a) for any purpose hereunder if such breach is caused by the failure of any Group Affiliate (other than Controlled Affiliates) to comply with this paragraph 3(a).

Generally Available Content. During the Term, Group shall, and shall cause its Affiliates to, regularly make available and grant the right to use, Generally Available Content to Company and its Affiliates in the same manner that Group or the applicable Group Affiliate allows Online Music Companies to use the applicable Generally Available Content (it being understood and agreed that, unless Group or an Affiliate thereof specifically grants such rights to Company or an Affiliate thereof, Company shall not acquire any rights in Generally Available Content greater than those rights generally granted by Group or an Affiliate thereof to other Online Music Companies). If Generally Available Content is generally provided by Group or an Affiliate thereof to the Online Music Companies on specific terms and conditions ("Standard Terms") (e.g., limitations in use, period of time for use, financial terms), Group and its Affiliates shall provide the Generally Available Content to Company and its Affiliates on the same Standard Terms[***]*. Group shall use commercially reasonable efforts to make available, or cause to be made available, to Company all Generally Available Content of a general promotional nature no later than such content is generally made available to Online Music Companies; provided that Group shall have no liability whatsoever for its failure to comply with the requirements of this sentence. Notwithstanding the foregoing, Group shall not be deemed to be in breach of this paragraph 3(a) for any purpose hereunder if such breach is caused by the failure of any Group Affiliate (other than Controlled Affiliates) to comply with this paragraph 3(a).