270 Legal [Sample Agreements]

AMENDED AND RESTATED AFFILIATION AGREEMENT FOR DTH SATELLITE EXHIBITION OF CABLE NETWORK PROGRAMMING

DIRECTV, INC.

and

COLORADO SATELLITE BROADCASTING, INC.

***

1.2.1 The “Services” shall mean and consist of the national feed (or, if Programmer uses multiple feeds for the Services, such other of such multiple feeds designated by DIRECTV) of the following 24-hour per day, 7-day per week programming services: (i) the programming service commonly known as “TEN*Clips”, which shall consist of thematically organized [***] scenes which are sourced from various movies (each [***] minute segment shall contain up to [***] individual [***] scenes and shall in no instance show less than [***] scenes (collectively a “Segment”)); (ii) the programming service commonly known as “Juicy”, which shall consist of Segments of thematically organized [***] scenes; and (iii) the programming service commonly known as “Real”, which shall consist of a minimum of [***] unique programs per [***] and [***] unique programs per [***], including [***] channel premiers per [***] and [***] channel premiers per [***]. No program shall repeat for a minimum of [***] after its initial [***] run on Real or for a minimum of [***] after any subsequent [***] run. Furthermore, no program on Real shall repeat more than [***] during any given [***]. All programs on Real will employ a reality aspect or feel in which [***] scenes simulate [***] situations. TEN*Clips and Juicy each shall contain a minimum of [***] unique Segments per [***] ([***] unique Segments comprised of [***] unique [***] scenes per [***]). While [***] of Segments will be created during the Term, all Segments shall be [***] in that no Segment is ever [***] with the [***] scenes in the [***]. No Segment will ever [***] after its initial [***] run and no [***] scene will [***] for [***] after its initial [***] run or for a minimum of [***] after any subsequent [***] run. Furthermore, no Segment shall [***] more than [***] during any given [***]. Segments shall be no less than [***] in duration. The daily start time for Real is [***] and the daily start time for TEN*Clips and Juicy is [***]; provided that Programmer shall make commercially reasonable efforts to accommodate any request by DIRECTV to modify such start times. Notwithstanding the foregoing or the content limitations set forth herein, in the event that, during the Term, DIRECTV authorizes the exhibition via the DTH Distribution System of adult programming which contains or depicts acts set forth only in the [***] of Schedule I to Exhibit A (”[***] Programming”), then Programmer shall replace TEN*Clips with the programming service commonly known as “Xtsy”, which shall consist of a mix of quality [***] adult feature programs (including [***],and [***]). Xtsy shall feature a minimum of [***] unique programs per [***] and [***] unique programs per [***]. Among the aforementioned unique programs, Xtsy shall feature [***] channel premiers per [***] and [***] channel premiers per [***] and which may contain [***] Programming. The start time for Xtsy is [***]. No program shall [***] for a minimum of [***] after its initial [***] run on Xtsy or for a minimum of [***] after any subsequent [***] run. Furthermore, no program on Xtsy shall [***] more than [***] during any given [***]. The Services shall be comprised of [***] adult programming depicting [***] and [***] situations and [***] among consenting adults. [***] programming shall not be exhibited on more than one Service during any [***] during the Term. Subject to the foregoing, the Services shall at all times be [***] to (or [***] than) the degree of explicitness of programming currently featured on competing adult services such as the services currently known as [***] and [***] (subject to the description and limitations in Exhibit A, as illustrated by the programming schedules in Exhibit C).
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