Common use of Avail Notices Clause in Contracts

Avail Notices. With respect to each Feature Film and Episode made available by Studio hereunder, as early as commercially reasonable, Studio shall provide to Comcast (and/or Comcast’s designee) written notice (each, an “Avail Notice”) setting forth such Included Program’s Availability Date, Pre-Order Date (as defined in Section 4.5), applicable Fee(s), and available versions and formats. At any time after delivery of the Avail Notice to Comcast, Comcast may, in its sole discretion, select any such Feature Film and/or Episode to distribute on a DHE basis (unless such Included Program has subsequently been withdrawn by Studio pursuant to Section 9) (each such selected Feature Film and Episode shall be referred to as an Included Program hereunder). To the extent additional versions and/or formats of an Included Program become available to Studio following delivery of such Included Program’s Avail Notice, Studio shall provide to Comcast (and/or Comcast’s designee) an updated Avail Notice regarding such additional versions and/or formats as soon as commercially practicable. To the extent any information provided in an Avail Notice changes or is no longer accurate, Studio shall provide to Comcast (and/or a Comcast designee) a corrected Avail Notice as soon as commercially practicable.

Appears in 2 contracts

Samples: Digital Home Entertainment License Agreement, Home Entertainment License Agreement

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Avail Notices. With respect to each Feature Film and Episode made available by Studio hereunder, as early as commercially reasonable, Studio shall provide to Comcast (and/or Comcast’s designee) written notice (each, an “Avail Notice”) setting forth such Included Program’s Availability Date, Pre-Order Date (as defined in Section 4.54.4), applicable Fee(s), and available versions and formats. At any time after delivery of the Avail Notice to Comcast, Comcast may, in its sole discretion, select any such Feature Film and/or Episode to distribute on a DHE basis (unless such Included Program has subsequently been withdrawn by Studio pursuant to Section 9) (each such selected Feature Film and Episode shall be referred to as an Included Program hereunder). To the extent additional versions and/or formats of an Included Program become available to Studio following delivery of such Included Program’s Avail Notice, Studio shall provide to Comcast (and/or Comcast’s designee) an updated Avail Notice regarding such additional versions and/or formats as soon as commercially practicable. To the extent any information provided in an Avail Notice changes or is no longer accurate, Studio shall provide to Comcast (and/or a Comcast designee) a corrected Avail Notice as soon as commercially practicable.

Appears in 1 contract

Samples: Digital Home Entertainment License Agreement

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Avail Notices. With respect to each Feature Film and Episode made available by Studio hereunder, as early as commercially reasonable, Studio shall provide to Comcast (and/or Comcast’s designee) written notice (each, an “Avail Notice”) setting forth such Included Program’s Availability Date, Pre-Order Date (as defined in Section 4.54.44.5), applicable Fee(s), and available versions and formats. At any time after delivery of the Avail Notice to Comcast, Comcast may, in its sole discretion, select any such Feature Film and/or Episode to distribute on a DHE basis (unless such Included Program has subsequently been withdrawn by Studio pursuant to Section 9) (each such selected Feature Film and Episode shall be referred to as an Included Program hereunder). To the extent additional versions and/or formats of an Included Program become available to Studio following delivery of such Included Program’s Avail Notice, Studio shall provide to Comcast (and/or Comcast’s designee) an updated Avail Notice regarding such additional versions and/or formats as soon as commercially practicable. To the extent any information provided in an Avail Notice changes or is no longer accurate, Studio shall provide to Comcast (and/or a Comcast designee) a corrected Avail Notice as soon as commercially practicable.

Appears in 1 contract

Samples: Digital Home Entertainment License Agreement

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