Common use of Library FOD Program Clause in Contracts

Library FOD Program. Licensor shall provide Licensee (i) on the Effective Date, a list of Library Films available for license hereunder on a non-exclusive Free-On-Demand basis with respect to the Term Year 1 and (ii) by September 1 of each Term Year, a list of Library Films available for license hereunder on a non-exclusive Free-On-Demand basis with respect to the following Term Year, specifying the Library FOD Availability Period (each of the foregoing, a “Library FOD List”). Each Library FOD List shall include all Library Films that Licensor has cleared and made available for Free-On-Demand in the Territory as of the date of such Library FOD List, it being understood that the clearance of certain titles offered (in excess of the number necessary to meet Licensee’s licensing obligations hereunder) may require ads to be run in connection with each exhibition. Licensee shall have the right to select from such Library FOD List which Library Films it desires to license for Free-On-Demand hereunder, and each Library Film selected by Licensee shall be a Library FOD Program; provided, however, that, with respect to each FOD Exhibition Year, Licensee shall select a number of Library FOD Programs for which the aggregate FOD License Fees equal or exceed the FOD Minimum Fee. Licensee shall have 30 days from receipt of each Library FOD List in which to deliver to Licensor a booking confirmation for the Library FOD Programs covered thereby, including the Library FOD Availability Date Licensee designates for each such Library FOD Program, provided that in no event shall the failure of Licensee to provide such booking confirmation relieve Licensee of any obligation hereunder and Licensor shall have the right to designate the Library FOD Programs if Licensee fails to timely select after written notice from Licensor to Licensee of Licensee’s such failure and a reasonable opportunity to cure such failure of no less than five (5) business days after Licensee’s receipt of such notice. Licensor shall deliver to Licensee, or grant access in the United States to Licensee to, the Materials for such Included Program no later than 30 days prior to each Library FOD Program’s Availability Date (it being understood that there may be limited exceptions to the timing of such availability which is, despite Licensor’s commercially reasonable efforts, not possible for Licensor (e.g., Licensor is at such date in the process of revising an Included Program to correct a credit error), and Licensor will keep Licensee reasonably informed of the nature of the delay and expected availability date in such instance).