Availability Date. The VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; provided, that the VOD Availability Date for each Current Film shall be no later than the date on or after the Home Video Street Date on which Licensor makes such film available for the “standard” residential Video-On-Demand window to all Other VOD Distributors for VOD distribution in the Territory. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) of the Current Films made available hereunder to provide for exclusive early distribution (i.e. distribution prior to the VOD Availability Date hereunder) through a single Other VOD Distributor on a one-off basis for VOD distribution in the Territory; provided, that, the foregoing shall not be used to frustrate the purposes of this Agreement, and, except in the case where such Other VOD Distributor is an affiliate of Licensor, shall not apply to any Current Film which had domestic (i.e., U.S. and Canada) gross box office receipts (as reported in Daily Variety) of $50 Million or more, and in each such case, the VOD Availability Date for such delayed Current Film shall be no later than the date on which Licensor makes such Current Film available to any other VOD Distributor (i.e., on a non-exclusive basis) for VOD distribution in the Territory.
Availability Date. Fall 2005
Availability Date. The "Availability Date" shall mean (i) the Effective Date with respect to the Minimum Xxxxxxxx T-1 Inventory identified in Exhibit A-6 to be provided to Xxxxxxxx as of the Effective Date, and (ii) December 31st of each calendar year following 1998 through the end of the Term with respect to each annual number of Minimum Xxxxxxxx T-1 Inventory identified in Exhibit A-6 for such calendar year. The "Deadline Date" shall be sixty (60) days after the later of (i) such planned Availability Date or (ii) the planned Availability Date as extended due to unforeseen events not in the reasonable control of WinStar (other than as due to WinStar's negligence), Force Majeure events or as expressly permitted by this Agreement. WinStar shall make available each of its annual Minimum Xxxxxxxx T-1 Inventories by the applicable Deadline Date. WinStar shall give Xxxxxxxx as much prior notice as reasonably possible if, to the best of WinStar's knowledge, there is a foreseeable risk that it may miss a Deadline Date for its Minimum Xxxxxxxx T-1 Inventory.
Availability Date. The Availability Date for each Included Program shall be as determined by Licensor in its sole discretion.
Availability Date. The Availability Date for each Included Program shall be (a) as set forth on Schedule A for the Included Programs on Schedule A, (b) for Included Programs added hereunder as a replacement program pursuant to Section 7, as determined by Licensor in consultation with Licensee, and (c) for Additional Programs (as defined below), determined by Licensor in its sole discretion and communicated to Licenseeas memorialized in an availability listamendment to Schedule A pursuant to Section 5.
Availability Date. It is the day in which XXXXXXXX effectively credits the amount of the credit to the CLIENT through any of the means provided in this Contract.
Availability Date. The VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; provided, however, that the VOD Availability Date for each Current Feature shall be no later than the date on which Licensor first makes such film generally available for the “standard” residential Video-On-Demand window on a non-exclusive basis for VOD distribution in the Territory (i.e., the availability date for other residential VOD distributors who do not pay additional consideration of more than a de minimus amount for an earlier date or who are not granted exhibition rights on a limited test basis).
Availability Date. 2.5.1 For each Early Window Title with a Net Retail Price (as defined below) of at least $29.99, the Early Window Availability Date of such title shall be set by Licensor in its sole discretion; provided, that such date shall be (a) on a Thursday no earlier than 45 days following the wide U.S. theatrical release of such title and no later than the later of (i) 64 days following the wide U.S. theatrical release of such title and (ii) the halfway xxxx between the wide U.S. theatrical release and the DVD Street Date for such title, provided, however, that such later date may be adjusted by Licensor by up to 5 days; and (b) notwithstanding anything to the contrary contained herein, no later than the date on which Licensor makes such title available to any Other Early Window Provider. Once Licensor sets the Early Window Availability Date for an Early Window Title in accordance with the foregoing, Licensee may not lower the Net Retail Price for such title below $29.99 at any time during its Early Window License Period.
Availability Date. The Availability Date for each Included Program shall be as determined by Licensor in its sole discretion; provided that the Availability Date for each Current Film shall be no later than the date on which a program is first generally made available by Licensor in the “standard” residential VOD window on a non-exclusive basis for VOD distribution in the Territory (i.e., the availability date for other residential VOD distributors who do not pay additional consideration of more than a de minimus amount for an earlier date or who are not granted exhibition rights on a limited test basis).
Availability Date. The Availability Date for such Program shall be September 1, 2012, except that Licensee may request an earlier date that is no earlier than the applicable episode’s premiere telecast in the United States on the applicable Basic Television Service (currently expected to be History Channel).
