Common use of Feature Films Clause in Contracts

Feature Films. CDD shall notify Amazon in writing (“Availability Notice”) on a periodic basis of Feature Films available for licensing as Included Programs hereunder, which notice will specify whether available for licensing on an ODRL or VOD basis, and whether in Approved 4K Resolution, High Definition, Standard Definition or any combination thereof. For each such Included Program, the Availability Notice shall include each of the following (and, if such Feature Film is being made available in Approved 4K Resolution, High Definition and Standard Definition, such information shall be provided with respect to each such version): (i) the ODRL Availability Date and/or VOD Availability Date (as referenced in Section 4.1) (unless the Availability Notice says otherwise, the Availability Date shall commence at 12:00 AM Pacific Time on the specified date); (ii) the Announce Date (as referenced in Section 10.2), if any; and (iii) the Distributor Prices (as referenced in Section 8.1.2 below) (which, if not provided for a given Feature Film, shall be deemed to be the highest-priced tier). Additionally, upon Amazon’s request, CDD shall provide a written statement that provides the Home Video Street Date, if any, of the applicable Included Program and CDD’s published wholesale price for such release, if any, of the applicable Included Program. In addition to the foregoing, the parties acknowledge that, in limited circumstances, CDD may indicate, in an Availability Notice that certain Included Programs may only be made available through a certain date; provided, however, that CDD shall do so only in circumstances where its rights to an Included Program are scheduled to terminate. Unless Amazon elects not to license any Feature Film identified in an Availability Notice and notifies CDD thereof (with such notification to specify as to whether Amazon is not licensing a Feature Film generally or electing to not license a Feature Film in a specific resolution, i.e., Approved 4K Resolution, High Definition or Standard Definition) no later than ten (10) days after Amazon’s receipt of such Availability Notice, Amazon will be deemed to have elected to license that Feature Film for both VOD and ODRL and in all available resolutions as set forth in the relevant Availability Notice. For the avoidance of doubt, a limited availability period shall not, in and of itself, require that Digital Locker Functionality be withdrawn for the applicable Included Program (unless CDD so specifies in the applicable Availability Notice), but CDD shall continue to have the right to require Withdrawal of Digital Locker Functionality and/or Included Programs in the situations described in Section 14.1. CDD shall deliver each Availability Notice as far in advance of the Availability Date for the applicable Included Program as is reasonably practical (but CDD shall use reasonable efforts to deliver each Availability Notice not less than 15 days in advance of the applicable Availability Date and CDD shall not be required to deliver any Availability Notice more than 45 days in advance of the applicable Availability Date). The Availability Date for each Feature Film shall be determined by CDD in its sole discretion provided, however, that the ODRL Availability Date for each Feature Film first released on DVD or Blu-ray disc during the Term shall be: (1) with respect to the Standard Definition version of the Feature Film, no later than the date on which CDD or its affiliate makes such Feature Film available on a non-exclusive basis for sale to consumers on DVD in the Territory and (2) with respect to the High Definition version of the Feature Film, no later than the date on which CDD or its affiliate makes such Feature Film available on a non-exclusive basis for sale to consumers on Blu-ray disc in the Territory.

Feature Films. 5.1.1 CDD shall notify Amazon in writing (“Availability Notice”) on a periodic basis of Feature Films available for licensing as Included Programs hereunder, which notice will specify whether available for licensing on an ODRL or VOD basis, and whether in Approved 4K Resolution, High Definition, Standard Definition or any combination thereofboth. For each such Included Program, the Availability Notice shall include each of the following (and, if such Feature Film is being made available both in Approved 4K Resolution, High Definition and Standard Definition, such information shall be provided with respect to each such version): (i) the ODRL Availability Date and/or VOD Availability Date (as referenced in Section 4.15.3) (unless the Availability Notice says otherwise, the Availability Date shall commence at 12:00 AM Pacific Time on the specified date); (ii) the Announce Date (as referenced in Section 10.2), if any; and (iii) the Distributor Prices Price (as referenced in Section 8.1.2 6.1, below) (which, if not provided for a given Feature Film, shall be deemed to be the highest-priced tier). Additionally, upon Amazon’s request, CDD shall provide a written statement that provides the Home Video DVD Street DateDate for the DVD release, if any, of the applicable Included Program and CDD’s published DVD wholesale price for such the DVD release, if any, of the applicable Included Program. In addition to the foregoing, the parties acknowledge that, in limited circumstances, CDD may indicate, in an Availability Notice that certain Included Programs may only be made available through a certain date; provided, however, that CDD shall do so only in circumstances where its rights to an Included Program are scheduled to terminate. Unless Amazon elects not to license any Feature Film identified in an Availability Notice and notifies CDD thereof (with such notification to specify as to whether Amazon Licensee is not licensing a Feature Film generally or electing to not license a Feature Film in a specific resolution, i.e., Approved 4K Resolution, High Definition or Standard Definition) no later than ten (10) days after Amazon’s receipt of such Availability Notice, Amazon will be deemed to have elected to license that Feature Film for both VOD and ODRL and in all available resolutions as set forth in the relevant Availability Notice. For the avoidance of doubt, a limited availability period shall not, in and of itself, require that Digital Locker Functionality be withdrawn for the applicable Included Program (unless CDD so specifies in the applicable Availability Notice), but CDD shall continue to have the right to require Withdrawal of Digital Locker Functionality and/or Included Programs in the situations described in Section 14.1. CDD shall deliver each Availability Notice as far in advance of the Availability Date for the applicable Included Program as is reasonably practical (but CDD shall use reasonable efforts to deliver each Availability Notice not less than 15 days in advance of the applicable Availability Date and CDD shall not be required to deliver any Availability Notice more than 45 days in advance of the applicable Availability Date). The Availability Date for each Feature Film shall be determined by CDD in its sole discretion provided, however, that the ODRL Availability Date for each Feature Film first released on DVD or Blu-ray disc during the Term shall be: (1) with respect to the Standard Definition version of the Feature Film, no later than the date on which CDD or its affiliate makes such Feature Film available on a non-exclusive basis for sale to consumers on DVD in the Territory and (2) with respect to the High Definition version of the Feature Film, no later than the date on which CDD or its affiliate makes such Feature Film available on a non-exclusive basis for sale to consumers on Blu-ray disc in the Territory.