Common use of Programs Made for Max Clause in Contracts

Programs Made for Max. Animated programs made for initial exhibition on Max shall be classified as programs made for a subscription consumer pay platform ('SVOD'). The number of subscribers to Max for purposes of Sideletter No. 21 to the Codified Basic Agreement and Sideletter H to the Television Agreement re: Programs Produced for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service subscription or otherwise 'opt in' to access the Max platform, shall not be included as Max subscribers. "The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Agreement shall expire on the termination date of the 2020 SAG-AFTRA Agreements and will be of no force and effect thereafter; however, this Agreement shall continue to apply to programs, the principal recording of which commenced on or before the termination date of this Agreement, or which were subject to a license agreement entered into on or before the termination date of this Agreement. No later than sixty (60) days before the termination date of the 2020 SAG-AFTRA Agreements, the parties will meet to negotiate any changes to this Agreement.” Make conforming changes.

Programs Made for Max. Animated programs Programs made for initial exhibition on Max shall be classified as considered programs made for a subscription consumer pay new media platform ('“SVOD'”). The number of subscribers to Max for purposes of the Sideletter No. 21 to the Codified Basic Agreement and Sideletter H to the Television Agreement re: on Literary Material Written for Programs Produced Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service subscription or otherwise '‘opt in' to access the Max platform, shall not be included as Max subscribers. "The parties agree that HBO Max shall be considered to be a service with over five million (5,000,000) but fewer than twenty million (20,000,000) domestic subscribers during the period from May 2, 2020 to June 30, 2021. During the second and third years of the Agreement, the parties shall determine the subscriber tier effective July 1, 2021 and July 1, 2022, respectively, in accordance with the provisions of this Sideletter. “The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Agreement Sideletter shall expire on the termination date of the 2023 2020 SAG-AFTRA Agreements MBA and will be of no force and effect thereafter; however, this Agreement Sideletter shall continue to apply to programs, the principal recording photography of which commenced on or before the termination date of this AgreementSideletter, or which were subject to a license agreement entered into on or before the termination date of this AgreementSideletter. No later than sixty (60) days before the termination date of the 2023 2020 SAG-AFTRA AgreementsMBA, the parties will meet to negotiate any changes to this Agreement.Sideletter. “The parties agree that programs made for HBO Max under a predecessor MBA to the 2023 2020 MBA are programs made for a subscription video on demand service (and not programs made for pay television) and agree to withdraw and waive any current or future claim contending otherwise. “Please indicate your concurrence with the foregoing by signing in the space for your signature set forth below. “Sincerely, “By: /s/ Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx President, AMPTP “ACCEPTED AND AGREED: “WRITERS GUILD OF AMERICA, WEST, INC. on behalf of itself and its affiliate, WRITERS GUILD OF AMERICA, EAST, INC. “By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Assistant Executive Director, WGAW Chief Negotiator” Make conforming changeschanges as needed.

Programs Made for Max. Animated programs Programs made for initial exhibition on Max shall be classified as programs made for a subscription consumer pay platform ('SVOD'). The number of subscribers to Max for purposes of Sideletter No. 21 to the Codified Basic Agreement and Sideletter H to the Television Agreement re: Programs Produced Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service subscription or otherwise 'opt in' to access the Max platform, shall not be included as Max subscribers. "The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Agreement shall expire on the termination date of the 2020 SAG-AFTRA Agreements and will be of no force and effect thereafter; however, this Agreement shall continue to apply to programs, the principal recording photography of which commenced on or before the termination date of this Agreement, or which were subject to a license agreement entered into on or before the termination date of this Agreement. No later than sixty (60) days before the termination date of the 2020 SAG-AFTRA Agreements, the parties will meet to negotiate any changes to this Agreement.” Make conforming changes.

Programs Made for Max. Animated programs Programs made for initial exhibition on Max shall be classified as programs made for a subscription consumer pay platform ('SVOD'). The number of subscribers to Max for purposes of Sideletter No. 21 to the Codified Basic Agreement and Sideletter H to the Television Agreement re: Programs Produced Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service subscription or otherwise 'opt in' to access the Max platform, shall not be included as Max subscribers. DRAFT ONLY "The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Agreement shall expire on the termination date of the 2020 2023 SAG-AFTRA Agreements and will be of no force and effect thereafter; however, this Agreement shall continue to apply to programs, the principal recording photography of which commenced on or before the termination date of this Agreement, or which were subject to a license agreement entered into on or before the termination date of this Agreement. No later than sixty (60) days before the termination date of the 2020 2023 SAG-AFTRA Agreements, the parties will meet to negotiate any changes to this Agreement.” Make conforming changesNOT FINAL FN1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers.

Programs Made for Max. Animated programs Programs made for initial exhibition on Max shall be classified as programs made for a subscription consumer pay platform ('SVOD'). The number of subscribers to Max for purposes of Sideletter No. 21 to the Codified Basic Agreement and Sideletter H to the Television Agreement re: Programs Produced Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx Max at no additional charge, but who do not actually authenticate their Pay Television Service subscription or otherwise 'opt in' to access the Max platform, shall not be included as Max subscribers. "The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Agreement shall expire on the termination date of the 2020 SAG-AFTRA Agreements and will be of no force and effect thereafter; however, this Agreement shall continue to apply to programs, the principal recording photography of which commenced on or before the termination date of this Agreement, or which were subject to a license agreement entered into on or before the termination date of this Agreement. No later than sixty (60) days before the termination date of the 2020 SAG-AFTRA Agreements, the parties will meet to negotiate any changes to this Agreement.” Make conforming changes.