Films - Canada. With respect to Canada, Licensor shall make available to Licensee, and Licensee shall license, as DHE Included Programs, certain Feature Films, which Feature Films and their respective resolutions (i.e., SD or HD) shall be determined by Licensor in its sole discretion; provided, however, that Licensor agrees to make available to Licensee for distribution on a DHE basis hereunder in Canada (a) in Standard Definition all Feature Films that have a Home Video Street Date in Canada during the DHE Term and, if such Feature Film was initially theatrically released in Canada, has a DHE Availability Date no more than 12 months after its initial theatrical release in Canada or, in the case of Sony Pictures Classics releases, no more than 14 months after its initial theatrical release in Canada (“Canada SD Required Film”), (b) in High Definition all Feature Films that have a Blu-ray disc Home Video Street Date in Canada during the DHE Term and, if such Feature Film was initially theatrically released in Canada, has a DHE Availability Date no more than 12 months after its initial theatrical release in Canada or, in the case of Sony Pictures Classics releases, no more than 14 months after its initial theatrical release in Canada (“Canada HD Required Film”) and (c) in each DHE Avail Year, at least eight hundred (800) Price Tier 2 and/or Price Tier 3 Feature Films (other than the Canada SD Required Films and Canada HD Required Films) in a resolution as determined by Licensor pursuant to Section 3.5 of the DHE Terms.” The following shall be added as Section 3.1.2.1 of the DHE General Terms:
Films - Canada. With respect to Canada, the DHE Availability Date for each Feature Film shall be determined by Licensor in its sole discretion, provided, however, that the DHE Availability Date for (a) each Canada SD Required Film shall be no later than the later of (i) the first day of the DHE Initial Avail Term and
Films - Canada. With respect to Canada, the DHE Availability Date for each Feature Film shall be determined by Licensor in its sole discretion, provided, however, that the DHE Availability Date for (a) each Canada SD Required Film shall be no later than the later of (i) the first day of the DHE Initial Avail Term and (ii) its Home Video Street Date in Canada, and (b) each Canada HD Required Film shall be no later than the later of (i) the first day of the DHE Initial Avail Term and (ii) its Blu-ray disc Home Video Street Date in Canada. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to make any Canada SD Required Film or Canada HD Required Film available for exclusive distribution through a single distributor, or non-exclusive distribution through other distributors, in Canada prior to the DHE Availability Date hereunder for such Included Program (“Canada Delayed Picture”); provided, however, that the number of Canada Delayed Pictures shall in no event exceed a number that is equal to 5% in the case of third party distributors that are not affiliates of Licensor, and 10% in the case of distributors that are affiliates of Licensor, of the number of titles that Licensor generally makes available on a non-exclusive basis for DHE distribution in Canada.” The following shall be added as Section 3.2.2.1 of the DHE General Terms:
