Library Films. Licensor shall provide Licensee prior to the Effective Date an availability list setting forth the Library Films available for licensing hereunder during each Avail Term in the applicable Territory, together with such Library Film’s Availability Date, License Period and available resolutions in such Territory (“Library Avail List”). Licensee shall notify Licensor in writing within thirty (30) days after Licensee’s receipt of the Library Avail List of those Library Films that Licensee has selected to license as Library Films hereunder in accordance with Section 3.1 above.
Library Films. For the avoidance of doubt, Licensee shall have the right, but not the obligation, to license more than seventy-five (75) Library Films hereunder, if made available by Licensor. Licensor shall provide Licensee with periodic availability lists setting forth the Current Films and Library Films available for licensing hereunder. Pursuant to Licensor’s agreement with TVN Entertainment Corporation (“TVN”), Licensor currently provides to TVN lists of Library Films available for licensing under that agreement on an annual basis. During the period for which Licensor authorizes Licensee to obtain materials from TVN (pursuant to Section 7.1 of Schedule A), Licensor intends to provide to Licensee the same annual lists of Library Films it provides to TVN.
Library Films. Licensor shall provide Licensee (i) prior to the Effective Date, an availability list setting forth the Library Films available for licensing hereunder with respect to Avail Year 1, and (ii) at least thirty (30) days prior to the end of Avail Year 1, an annual availability list setting forth the Library Films available for licensing hereunder with respect to Avail Year 2 (if any) (each, a “Library Avail List”). Each Library Avail List provided hereunder shall contain no less than seventy-five (75) Library Films and shall set forth each Library Film’s Availability Date, License Period, available resolutions (e.g., HD, SD). At least fifty-six (56) Library Films on each Library Avail List shall be post-1980 theatrical releases and shall have trailers available for Licensor’s delivery to, and use by, Licensee hereunder (each, a “Post-1980 Library Film With Trailer”); provided that an occasional, erroneous listing of a Library Film on a Library Avail List as having a trailer shall not be a breach of this Agreement if such listing is inadvertent and provided further that promptly after Licensor becomes aware that no trailer is actually available for any such Post-1980 Library Film With Trailer, Licensor shall inform Licensee in writing thereof and offer Licensee a selection of comparable replacement Post 1980 Library Films With Trailer that have not previously been offered to Licensee for licensing hereunder. Licensee shall notify Licensor in writing within thirty (30) days after Licensee’s receipt of each Library Avail List of those Library Films that Licensee has selected to license as Library Films hereunder in accordance with Section 3.1
Library Films. Licensor shall provide Licensee (i) prior to the Effective Date, an availability list setting forth the Library Films available for licensing hereunder with respect to Avail Year 1, and (ii) at least thirty (30) days prior to the end of Avail Year 1, an annual availability list setting forth the Library Films available for licensing hereunder with respect to Avail Year 2 (if any) (each, a “Library Avail List”). Each Library Avail List provided hereunder shall contain no less than seventy-five (75) Library Films and shall set forth eachduring each Avail Term in the applicable Territory, together with such Library Film’s Availability Date, License Period, available resolutions (e.g., HD, SD). At least fifty-six (56) Library Films on each Library Avail List shall be post-1980 theatrical releases and shall have trailers available for Licensor’s delivery to, and use by, Licensee hereunder (each, a “Post-1980 Library Film With
Library Films. If in any Term Year the number of Current DTVs made available to DISH for licensing under clause (ii) of Section 4.1.1 is less than the DISH’s corresponding Term Year commitment, then DISH shall license in such Term Year for exhibition on a VOD basis via the IP VOD Distribution System, and subject always to Section 6.2, Library Films in a quantity no less than such shortfall (prorated for any partial Term Year and subject to the adjustment set forth in the last sentence of Section 4.1.1 above; the “Shortfall”); provided, however, that in no event shall DISH be obligated to license more than ten (10) Library Films with a DISH License Period of less than ninety (90) days. DISH shall have the right (but not the obligation) to select and license from Licensor Library Films made available by Licensor during the Term for exhibition on a VOD and PPV basis, as applicable, via the Satellite PPV and Push VOD Distribution Systems.
Library Films. The DISH License Period for any Library Film shall mean a period commencing on its DISH Availability Date and ending on a date to be established by Licensor in its sole discretion; provided, that in no event shall such DISH License Period be shorter than ninety (90) days for fifty percent (50%) of all such Licensed Pictures and shorter than sixty (60) days for the remaining fifty percent (50%) of all such Licensed Pictures.
Library Films. Licensor shall provide DISH: (i) within 30 days of the Effective Date, a Picture Availability Report for each Library Film available for licensing as Licensed Pictures hereunder with respect to the first Term Year and (ii) following the list provided by Licensor pursuant to clause (i) above, by September 1 of each Term Year, a Picture Availability Report for each Library Film available for licensing as Licensed Pictures hereunder with respect to the following Term Year during the Term. DISH shall provide Licensor with a Picture Confirmation Report no later than 30 days from the date of each such Picture Availability Report for the Library Films covered thereby; provided, that (x) DISH shall be entitled to modify such Confirmation Report on April 1 of such following Term Year with respect to a Picture or Licensed Picture licensed for the last 6 months of such Term Year upon written notice to Licensor, and (y) in no event shall the failure of DISH to deliver such Picture Confirmation Report relieve DISH of any obligation hereunder; and further provided that incidental failures on the part of DISH to provide such report timely shall not be a breach of this Agreement.
Library Films. Licensor shall provide Licensee prior to the Effective Date an availability list setting forth the Library Films available for licensing hereunder during each Avail Term in the applicable Territory, together with such Library Film’s Availability Date, License Period and available resolutions in such Territory (“Library Avail List”). Licensee shall notify Licensor in writing within thirty (30) days after Licensee’s receipt of the Library Avail List of those Library Films that Licensee has selected to license as Library Films hereunder in accordance with Section 3.1 above. ourselves to just one VOD partner with whom to do all of the up to 10% (or 5%) early exclusives? Under our current agreement, we can do up to 10% early exclusives with any
Library Films. (a) Ownership. All Films set forth on Schedule 3.20(a) are designated --------- ---------------- therein as "A Films" and "B Films," and all of such A Films and B Films shall be referred to collectively herein as the "Library Films." Schedule 3.20(a)(i) ------------------- identifies the availability dates of those A Films and B Films which are currently being exploited by Seller, in each media, in the territories indicated. Schedule 3.20(a)(ii) identifies all distribution rights owned or -------------------- controlled by the Entertainment Companies with respect to each Library Film. Schedule 3.20(a)(iii) identifies --------------------- all Films which Seller deems to be "dormant." Except as set forth on Schedule 3.20(a)(iv), the Library Films are free and clear of all Liens -------------------- other than Permitted Liens and Liens disclosed on Schedule 3.11(a). ----------------
Library Films
