Common use of Current PPV Program Clause in Contracts

Current PPV Program. 9.2.1 Licensee commits to exhibiting all BO Category A+, A, B and C Included Programs with Current PPV Availability Dates during the Term as Current PPV Programs on the Licensed Service as set forth below. 9.2.2 Licensee agrees to devote a number of DTH satellite channels on the Licensed Service exclusively and continually for the exhibition of Current PPV Programs. 9.2.3 All Current PPV Programs shall be exhibited solely in the tier of channels on the Licensed Service devoted to the exhibition of Major Studio theatrical motion pictures 9.2.4 In consideration for Licensor’s agreement to amend and restate the Prior Agreement by entering into this Agreement, the economic consideration set forth herein, and Licensor’s grant of all rights granted herein, including, without limitation, the offering of Free-On- Demand rights in the Library FOD Programs, Licensee agrees to exhibit each Current PPV Program during its License Period, for each BO Category of title below, no fewer than the following number of exhibitions, subject to the exceptions described below (“Current PPV Exhibition Commitments”): 9.2.4.1 With respect to Current PPV Programs whose Current PPV License Periods commences during the first three (3) Term Years: 9.2.4.2 With respect to Current PPV Programs whose Current PPV License Periods commences during the fourth and fifth Term Years (each a “Later Current PPV Program”): A+ 500 A 250 B 125 C 50 D 50 if selected by Licensee E At Licensee’s sole discretion if selected 9.2.5 Notwithstanding anything to the contrary contained in this Agreement: 9.2.5.1 In the event that Licensee does not exhibit a Later Current PPV Program with a sixty 9.2.5.2 The otherwise applicable Current PPV Exhibition Commitments, as the case may be, for each animated Included Program shall be reduced by 25% each. 9.2.5.3 The above Current PPV Exhibition Commitments, as the case may be, shall be reduced for any title whose run-time (in the form delivered to Licensor, which may be time- compressed) exceeds 120 minutes by an amount proportional to the excess of such title’s runtime over 120 minutes (e.g., a 100 Current PPV Exhibition Commitment is reduced to 50 exhibitions for a four-hour title). 9.2.5.4 The above Current PPV Exhibition Commitments, as the case may be, may be reduced to accommodate Licensee’s lack of capacity due to Licensee’s devotion to the exhibition of NFL games of channels otherwise available for Pay-Per-View programming during Sundays of the regular NFL seasons; provided, however, that Licensee may only reduce its Current PPV Exhibition Commitments pursuant to this Section 9.2.5.4 if and in an amount no less favorable to Licensor than it reduces its Pay- Per-View exhibition commitments for comparable motion pictures with the same availability dates licensed from all other Major Studios on a Pay-Per-View basis pursuant to an “output” agreement. 9.2.5.5 If at any time during the Term the number of Subscribers with a DVR-integrated Set- Top Box (each such Subscriber, a “DVR Subscriber”) who are capable of receiving an Alternate Delivery Platform (as defined below) exceeds the lesser of (i) 3 million and

Current PPV Program. 9.2.1 Licensee commits to exhibiting all BO Category A+, A, B and C Included Programs with Current PPV Availability Dates during the Term as Current PPV Programs on the Licensed Service as set forth below. 9.2.2 Licensee agrees to devote a number of DTH satellite channels on the Licensed Service exclusively and continually for the exhibition of Current PPV Programs. 9.2.3 All Current PPV Programs shall be exhibited solely in the tier of channels on the Licensed Service devoted to the exhibition of Major Studio theatrical motion picturespictures (currently, channels numbered 101-199). 9.2.4 In consideration for Licensor’s agreement to amend and restate the Prior Agreement by entering into this Agreement, the economic consideration set forth herein, and Licensor’s grant of all rights granted herein, including, without limitation, the offering of Free-On- Demand rights in the Library FOD Programs, Licensee agrees to exhibit each Current PPV Program during its License Period, for each BO Category of title below, no fewer than the following number of exhibitions, subject to the exceptions described below (“Current PPV Exhibition Commitments”): 9.2.4.1 With respect to Current PPV Programs whose Current PPV License Periods commences during the first three (3) Term Years: 9.2.4.2 With respect to Current PPV Programs whose Current PPV License Periods commences during the fourth and fifth Term Years (each a “Later Current PPV Program”): A+ 500 A 250 B 125 C 50 D 50 if selected by Licensee E At Licensee’s sole discretion if selected 9.2.5 Notwithstanding anything to the contrary contained in this Agreement: 9.2.5.1 In the event that Licensee does not exhibit a Later Current PPV Program with a sixty 9.2.5.2 The otherwise applicable Current PPV Exhibition Commitments, as the case may be, for each animated Included Program shall be reduced by 25% each. 9.2.5.3 The above Current PPV Exhibition Commitments, as the case may be, shall be reduced for any title whose run-time (in the form delivered to Licensor, which may be time- compressed) exceeds 120 minutes by an amount proportional to the excess of such title’s runtime over 120 minutes (e.g., a 100 Current PPV Exhibition Commitment is reduced to 50 exhibitions for a four-hour title). 9.2.5.4 The above Current PPV Exhibition Commitments, as the case may be, may be reduced to accommodate Licensee’s lack of capacity due to Licensee’s devotion to the exhibition of NFL games of channels otherwise available for Pay-Per-View programming during Sundays of the regular NFL seasons; provided, however, that Licensee may only reduce its Current PPV Exhibition Commitments pursuant to this Section 9.2.5.4 if and in an amount no less favorable to Licensor than it reduces its Pay- Per-View exhibition commitments for comparable motion pictures with the same availability dates licensed from all other Major Studios on a Pay-Per-View basis pursuant to an “output” agreement. 9.2.5.5 If at any time during the Term the number of Subscribers with a DVR-integrated Set- Top Box (each such Subscriber, a “DVR Subscriber”) who are capable of receiving an Alternate Delivery Platform (as defined below) exceeds the lesser of (i) 3 million and