Common use of Licensee and Licensor Clause in Contracts

Licensee and Licensor. acknowledge that use of the Transponder's subcarriers by Licensee and Licensor may cause such reception and uplink to fail to meet such specifications. Licensee and Licensor agree that any such failure due in whole or in part to such use shall not constitute a breach of this Agreement by Licensor and the parties shall work together to minimize any disruption caused by the use of the subcarriers In addition, Licensee acknowledges that its sole remedy for any disruption in the Turnaround Service is as set forth in Section 3.4; however, if the Turnaround Service is not provided for any period of five consecutive days during the term of this Agreement for any reason other than (i) the failure of the Intelsat-K transmission or (ii) Deutsche Welle's negligent or willful acts or the negligent or willful acts of its officers, directors, agents, employees, subsidiaries, parents, affiliates, customers and viewers or any of them, Licensor shall use its best efforts to provide the Turnaround Service as soon thereafter as is reasonably practicable, which efforts shall include arranging for the use of alternative facilities for the Turnaround Service. Licensor or any other provider of the Turnaround Service shall not alter, scramble or encrypt the programming transmitted by Licensee on the Transponder.