Common use of Exhibition Commitment MFN for Current PPV Programs for Licensor Clause in Contracts

Exhibition Commitment MFN for Current PPV Programs for Licensor. If, pursuant to an output or package (of more than 5 titles) agreement with another feature film provider (other than that certain license agreement between Licensee and DreamWorks, which expires on December 31, 2007), Licensee has an agreement to exhibit on a Pay- Per-View basis during the Term feature length theatrical motion pictures (other than motion pictures licensed by Licensee on a day and date basis with such motion picture’s Home Video Street Date) more frequently or to provide more favorable channel commitments (e.g., number of channels or frequency of exhibitions on a channel) than Licensee has agreed hereunder to exhibit comparable Current PPV Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features), then Licensee shall promptly notify Licensor in writing thereof and of all directly related terms and conditions contained in such output or package (of more than 5 titles) agreement. Licensor shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match all such directly related terms and conditions, and, if Licensor exercises such right, this Agreement shall be deemed automatically amended to incorporate all such directly related terms and conditions, including, without limitation, the more favorable Pay-Per-View exhibition commitments with respect to such comparable Current PPV Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features). If such more favorable Pay-Per-View exhibition commitments are with respect to a package/limited number of titles, Licensor shall have the right to designate which comparable Current PPV Program(s) (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features) shall benefit from such more favorable Pay-Per-View exhibition commitments.

Exhibition Commitment MFN for Current PPV Programs for Licensor. If, pursuant to an output or package (of more than 5 titles) agreement with another feature film provider (other than that certain license agreement between Licensee and DreamWorks, which expires on December 31, 2007), Licensee has an agreement to exhibit on a Pay- Pay-Per-View basis during the Term feature length theatrical motion pictures (other than motion pictures licensed by Licensee on a day and date basis with such motion picture’s Home Video Street Date) more frequently or to provide more favorable channel commitments (e.g., number of channels or frequency of exhibitions on a channel) than Licensee has agreed hereunder to exhibit comparable Current PPV Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features), then Licensee shall promptly notify Licensor in writing thereof and of all directly related terms and conditions contained in such output or package (of more than 5 titles) agreement. Licensor shall have the right (but not the obligation), exercisable within 30 days after receipt of the foregoing written notice, to match all such directly related terms and conditions, and, if Licensor exercises such right, this Agreement shall be deemed automatically amended to incorporate all such directly related terms and conditions, including, without limitation, the more favorable Pay-Per-View exhibition commitments with respect to such comparable Current PPV Programs (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features). If such more favorable Pay-Per-View exhibition commitments are with respect to a package/limited number of titles, Licensor shall have the right to designate which comparable Current PPV Program(s) (i.e., comparable in all of the following respects: in terms of box office, avail date/window, viewing period, high/standard definition and enhanced features) shall benefit from such more favorable Pay-Per-View exhibition commitments. Current VOD Program.