Common use of High Definition Clause in Contracts

High Definition. 3.5.1 Unless otherwise authorized by Licensor in writing, Licensee shall distribute the Included Programs in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Included Programs in High Definition resolution by providing Licensee with written notice of which Included Programs are available for distribution in High Definition (which notice may be given in the Current Avail Notice or Library Avail List, as applicable, for such Included Program). 3.5.2 Notwithstanding anything to the contrary in Section 3.5.1 above, Licensor shall authorize Licensee to Transmit in High Definition resolution in the applicable Territory each and any Current Film and/or Library Film that Licensor or any other SPE Entity makes available to any Other Distributor for distribution in High Definition resolution on a VOD basis in such Territory. For clarity, this Section 3.5.2 shall not in any way be deemed to limit Licensor ’s right to delay the Availability Date of up to 10% of Current Films hereunder in order to provide for earlier exclusive distribution through an Other Distributor, as more particularly provided in Section 3.3 of the Principal Terms.