Common use of Amendments to Article 4 – Delivery of the Service Clause in Contracts

Amendments to Article 4 – Delivery of the Service. (a) Article 4 of the Agreement is hereby amended by adding the following sentences to the end of Section 4.01(a): If FM elects to use the ACE Solution to deliver the Services which use Digital Cinema Equipment, LLC shall ensure that such Services that are not live are provided to FM as specified in the SMPTE draft, as of March 10, 2010, named Proposed 430-8, D-Cinema Operations Show Playlist (which addresses provision of show playlist and showpack by a third party to a DCI compliant TMS) and, with respect to the Digital Carousel, the Pre-Feature Program, the Policy Trailer and the Event Trailer, in the format of the film exhibited on the FM Equipment which follows the Services. The Parties further agree that any Digital Programming Services provided by LLC which use Digital Cinema Equipment will meet the following standards with respect to digital and projection format: JPEG 2000 encoded, MXF wrapped and in the flat format (1:1.85 aspect ratio) or such other requirements as are adopted by motion picture distributors as the appropriate standards for the exhibition of motion pictures. LLC and FM agree to cooperate in good faith to deliver in the future live broadcast services to FM by IP stream if so requested by FM. Notwithstanding the foregoing, the Parties agree that from the date hereof through the earlier of (i) the date that the ACE Solution has been installed with respect to 1,000 total Digital Screens (including Digital Screens operated by the other Founding Members of LLC and Network Affiliates), or (ii) December 31, 2011, LLC may deliver the Services to Theatres requiring the JPEG 2000 format via disc drives rather than via satellite. (b) Article 4 of the Agreement is hereby amended by adding Section 4.16 as follows: