Common use of Availability Date Clause in Contracts

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. 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 Feature shall be no later than the date on or after the Home Video Street Date on which Licensor generally makes such film available for the “standard” residential Video-On-Demand window on a non-exclusive basis for VOD distribution in the Territory (i.e., the date, on or after the Home Video Street Date, afforded to all Other VOD Distributors who do not pay any additional consideration of more than a de minimus amount for an earlier availability date or who are not granted exhibition rights on a limited test basis). [In the event that Licensor makes available to any Other VOD distribution in Distributor any Current Feature for exhibition on a Video-On-Demand basis on an earlier availability date that is on or after such Current Feature’s Home Video Street Date, Licensor shall offer the Territorysame earlier availability date to Licensee, and Licensee shall have the right to such earlier availability date; provided, that Licensor shall have the right to require Licensee to match any and all terms and conditions agreed to by such Other VOD Provider that are directly related to such earlier availability date (including, without limitation, any financial, promotional, exhibition and content protection terms). Notwithstanding anything to the foregoingcontrary herein, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) of the make any Current Films made Feature available hereunder to provide for exclusive early residential Video-On-Demand distribution (i.e. distribution prior to the VOD Availability Date hereunder) through a single Other VOD Distributor distributor in the Territory or available on a one-off limited test basis for VOD distribution without triggering the matching right set forth 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 Territoryimmediately preceding sentence.] 30

Availability Date. The VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; provided, that: The Availability Date for each Included Program shall be determined by Licensor in its sole discretion, provided, however, that the VOD Availability Date for each Current Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. 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 licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) of each such Earlier Avail Title through a any single Other VOD Distributor on a one-off basis for VOD distribution in the such Territory; provided, that, : (a) 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 or any other SPE Entity makes such Current Film available to any other VOD Other Distributor (i.e., on a non-exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; (c) except in the case where such single Other Distributor is an affiliate of Licensor, no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000); and (d) no more than half of all Earlier Avail Titles may be distributed on an exclusive early basis through an Other Distributor that is not an affiliate of Licensor.

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 Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. 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 licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) of each such Earlier Avail Title through a any single Other VOD Distributor on a one-off basis for VOD distribution in the such Territory; provided, that, : (a) 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 or any other SPE Entity makes such Current Film available to any other VOD Other Distributor (i.e., on a non-exclusive basis) for VOD distribution in the such Territory.;

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 Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films made available licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) of each such Earlier Avail Title through a aany single Other VOD Distributor on a one-off basis for VOD distribution in the Territorysuch Territory (“Earlier Avail Title”); 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. 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 Feature shall be no later than the date on or after the Home Video Street Date on which Licensor generally makes such film available for the “standard” residential Video-On-Demand window on a non-exclusive basis for VOD distribution in the Territory (i.e., the date, on or after the Home Video Street Date, afforded to all Other VOD Distributors who do not pay any additional consideration of more than a de minimus amount for an earlier availability date or who are not granted exhibition rights on a limited test basis). [In the event that Licensor makes available to any Other VOD distribution in Distributor any Current Feature for exhibition on a Video-On-Demand basis on an earlier availability date that is on or after such Current Feature’s Home Video Street Date, Licensor shall offer the Territorysame earlier availability date to Licensee, and Licensee shall have the right to such earlier availability date; provided, that Licensor shall have the right to require Licensee to match any and all terms and conditions agreed to by such Other VOD Distributor that are directly related to such earlier availability date (including, without limitation, any financial, promotional, exhibition and content protection terms). Notwithstanding anything to the foregoingcontrary herein, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) of the make any Current Films made Feature available hereunder to provide for exclusive early residential Video-On-Demand distribution (i.e. distribution prior to the VOD Availability Date hereunder) through a single Other VOD Distributor distributor in the Territory or available on a one-off limited test basis for VOD distribution without triggering the matching right set forth 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 Territoryimmediately preceding sentence.] 36

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 Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors Distributor for VOD distribution in the applicable Territory. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films made available licensed hereunder in each Territory to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) through a single Other VOD Distributor on a one-off basis for VOD distribution in the Territorysuch Territory (“Earlier Avail Title”); provided, that, : (a) 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 or any other SPE Entity makes such Current Film available to any other VOD Other Distributor (i.e., on a non-non- exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; and (c) in the event that such single Other Distributor is not an SPE EntityAffiliate of Licensor, the Applicable Percentage shall be five percent (5%), and no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000). [Matt/Xxxxx/Xxxxxxx: Do we mean to limit VOD partner so long as it’s just one partner per picture.]

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 Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films made available licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) through a aany single Other VOD Distributor on a one-off basis for VOD distribution in the Territorysuch Territory (“Earlier Avail Title”); provided, that, : (a) 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 or any other SPE Entity makes such Current Film available to any other VOD Other Distributor (i.e., on a non-exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; and (c) except in the event thatcase where such single Other Distributor is not an SPE Entity, the Applicable Percentage shall be five percent (5%), andan Affiliate of Licensor, no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000)., and (d) no more than half of all Earlier Avail Titles may be distributed on an exclusive early basis through an Other Distributor that is not an Affiliate of Licensor.