long as the BBC is commissioning the Programme and/or has a subsisting re-commissioning right in the Programme. 3 Production and exploitation of Additional Material: The independent producer is entitled to create Additional Material subject to the overarching principles set out below: 3.1 If the independent producer creates Additional Material, it may exploit the Additional Material in the manner set out in paragraph 4 below. 3.2 Whilst the BBC has a subsisting re-commissioning right in the Programme: the independent producer must secure the BBC's prior written consent in relation to any use or exploitation of the Additional Material in the UK other than as set out in paragraph 4 below; and the BBC has the sole and exclusive option to commission, use and/or exploit Additional Material subject only to the independent producer's rights under paragraph 4 below. 3.3 If the BBC wishes to exercise such option: The relevant material would be commissioned and/or licensed for a separate licence fee to be agreed between the parties, and calculated by reference to the additional and reasonable costs of production. If the independent producer does not have the relevant technical expertise itself to produce the Additional Material and/or provide the necessary warranties, the parties shall identify in good faith a solution to enable the BBC to commission or license such Additional Material from the independent producer (which might include, for example, the independent producer sub-licencing or sub-contracting parts of the commission to third parties or to the BBC). The terms to apply to the