Common use of Concurrent or Pre-Home Video Street Date Availability Date MFN Clause in Contracts

Concurrent or Pre-Home Video Street Date Availability Date MFN. If Licensor or any other SPE Entity makes any theatrically released Current PPV or Current VOD Program available to any Other Provider on a date concurrent with or earlier than such Included Program’s Home Video Street Date (other than in connection with a day-and-date or pre-day and date High Definition test conducted by Licensor as described in Section 2.2.1), then Licensor shall provide Licensee with written notice thereof and of any terms and conditions contained in the agreement between Licensor or such other SPE Entity and the Other Provider with respect to such Included Program that are directly related to such availability date. Licensee shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match such directly related terms and conditions with respect to such Included Program (if Licensee is not reasonably capable of complying with such terms and conditions (taking into consideration Licensee’s technology and national footprint), then Licensor shall use commercially reasonable efforts to provide substantially comparable terms and conditions with which Licensee is capable of complying with respect to one or more platforms of the Licensed Service). Licensor will impose any such terms or conditions on a non-discriminatory basis. If Licensee exercises such right, this Agreement shall be deemed automatically amended to incorporate such concurrent or earlier availability date with respect to the exploitation hereunder of (i) Video-On-Demand rights in such Included Program only if the rights granted by Licensor to the Other Provider included Video-On-Demand rights to such Included Program, and

Concurrent or Pre-Home Video Street Date Availability Date MFN. If Licensor or any other SPE Entity makes any theatrically released Current PPV or Current VOD Program available to any Other Provider on a date concurrent with or earlier than such Included Program’s Home Video Street Date (other than in connection with a day-and-date or pre-day and date High Definition test conducted by Licensor as described in Section 2.2.1), then Licensor shall provide Licensee with written notice thereof and of any terms and conditions contained in the agreement between Licensor or such other SPE Entity and the Other Provider with respect to such Included Program that are directly related to such availability date. Licensee shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match such directly related terms and conditions with respect to such Included Program (if Licensee is not reasonably capable of complying with such terms and conditions (taking into consideration Licensee’s technology and national footprint), then Licensor shall use commercially reasonable efforts to provide substantially comparable terms and conditions with which Licensee is capable of complying with respect to one or more platforms of the Licensed Service). Licensor will impose any such terms or conditions on a non-discriminatory basis. If Licensee exercises such right, this Agreement shall be deemed automatically amended to incorporate such concurrent or earlier availability date with respect to the exploitation hereunder of (i) Video-On-Demand rights in such Included Program only if the rights granted by Licensor to the Other Provider included Video-On-Demand rights to such Included Program, andand (ii) Pay-Per-View rights in such Included Program if the rights granted by Licensor to the Other Provider included Video-On-Demand and/or Pay-Per-View rights to such Included Program, into this Agreement as of the date it became effective to such Other Provider.