STATEMENTS; REPORTS; SCHEDULES. 4.3.1 Within 45 days after the end of each calendar month, Licensee shall provide to Licensor an accounting statement showing, in reasonable detail, the following information: (a) the number of Subscriber Transactions and Free-On-Demand downloads for each Included Program for such month on the Licensed Service; (b) the Actual Retail Price and Deemed Price per Subscriber Transaction for each PPV/VOD Program licensed in such month; (c) Licensor’s Share for each PPV/VOD Program licensed for such month; (d) the PPV/VOD License Fee and Library FOD License Fee, separately by type of fee and title, as applicable, for each Included Program licensed for such month; (e) the number of Technical Credits granted with respect to Subscriber Transactions in such month and to date as of such month; (f) upon Licensor’s request, no more than twice per year, the actual aggregate number of residential Subscribers; and (g) any other information that Licensee provides to all other Major Studios as a general practice. Licensee shall notify Licensor when (i) 15% or more Subscribers have a PC Xxxxx, and (ii) the aggregate number of DVR Subscribers capable of receiving an Alternate Delivery Platform exceeds the lesser of (y) 3 million and (z) 1/3 of the total number of DVR Subscribers.
4.3.2 At Licensor’s election, Licensor may appoint a third party designee to receive or access the foregoing data for purposes of reorganizing or presenting such data as requested by Licensor provided that any such designee agrees to keep such information confidential.
STATEMENTS; REPORTS; SCHEDULES. Within sixtyforty-five (6545) days after the end of each calendar month, Licensee shall provide to Licensor with the monthly reports for the Licensed Service set forth in the Reporting Requirements chart, attached hereto as Schedule D, and incorporated herein by reference; provided, that in the event Licensee provides reporting to another content provider that licenses television series to Licensee within a shorter period from the end of the applicable calendar month, then Licensee shall pay Licensor within such shorter period. In the event that Licensee makes available to any other content provider of similar content for the Licensed Services, reports more frequently or within a shorter period of time, or that contain information that is not specified on Schedule D, Licensee shall offer to make the same reports available to Licensor on the same terms and conditions (if any). Licensor may appoint a third party to receive or access the data referenced in this Article 16 for purposes of reorganizing or presenting data as requested by Licensor provided that any such designee agrees to keep such information secure and confidential, and provide Licensee copies of agreements between Licensor and such parties reflecting such parties’ obligation to keep such information secure and confidential. Licensor shall also provide Licensee copies of any and all re-compilations of such information.
STATEMENTS; REPORTS; SCHEDULES. Within thirty (30) days following the end of each calendar quarter of the Term, Licensee shall provide to Licensor and its designee, if any, a statement in electronic form (“Statement”) detailing the information specified by Licensor for the Licensed Service from time to time including, but not limited to:
STATEMENTS; REPORTS; SCHEDULES. 1Within forty-five (45) days following the end of each calendar month of the Term, Licensee shall provide to Licensor and its designee, if any, a statement in electronic form (“Statement”) detailing the information specified by Licensor from time to time for the Licensed Service, including, without limitation: (i) the number of Customer Transactions for each Included Program, in each case separately for SD and HD, for such month on the Licensed Service; (ii) the Actual Retail Price per Customer Transaction for each Included Program licensed in such month; (iii) a calculation of the Per-Program License Fee for each Included Program licensed for such month; (iv) a calculation of Royalties for such month; and (v) such other information that Licensor may reasonably request and in any event no less than generally provided to any other supplier of feature film content to the Licensed Service. Licensee shall provide Statements on a weekly or more frequent basis to Licensor if and when Licensee provides weekly or more frequent reports to any other Qualifying Studio. Licensee shall further make available to Licensor, via Licensee’s “Insight” tool, aggregate (anonymous) demographic information about Customers who engaged in each Customer Transaction and pricing and performance data (aggregated and not reported on a title-by-title basis for all VOD programming, if and when such information becomes available to Licensee, but in any event, if and when Licensee generally provides such information to any other Qualifying Studio.
STATEMENTS; REPORTS; SCHEDULES. 1Within forty-five (45) days following the end of each month of the Term, Licensee shall provide to Licensor and its designee, if any, a statement (“Statement”) detailing the information specified by Licensor for the VOD Service from time to time including, but not limited to: (i) the number of Subscriber Transactions for each Included Program for such month on the VOD Service, (ii) the Actual Retail Price and Deemed Retail Price per Subscriber Transaction for each Included Program licensed in such month, (iii) Licensor’s Share for each Included Program licensed for such month, (iv) a calculation of the Per-Program License Fee for each Included Program licensed for such month, (v) the License Fee paid to date as of such month; and (vi) the amount of any Overages for such month. Licensee shall use commercially reasonable efforts to provide such other information that Licensor may reasonably request. Licensee shall make available Statements on a weekly or more frequent basis at Licensee’s expense on the same terms and conditions offered to other Qualifying Studios providing films for VOD exhibition on the VOD Service. Licensee shall further provide aggregate (anonymous) demographic information about Subscribers who engaged in each Subscriber Transaction if and when such information becomes available to Licensee, but in any event, if and when Licensee provides such information to any other Qualifying Studio providing films for VOD exhibition on the VOD Service. If during the Term of this Agreement Licensee has an agreement in place with Rentrak (or a similar data reporting provider) (the “ Reporting Provider”), Licensee shall make available via such Reporting Provider to Licensor a report setting forth certain data regarding the FVOD Service and the usage of the Branded Channels and FVOD Included Programs by Licensee’s subscribers (a “Usage Report”) as of the date each such Usage Report is first made available by the Reporting Provider, but in no event later than forty-five (45) days following the end of each calendar month. Each such Usage Report will include (a) a list of markets served by the FVOD Service that distribute the Branded Channels and FVOD Included Programs; (b) the total number of VOD-enabled subscribers in each such market; (c) the percentage of Licensee’s total subscribers viewing Licensor’s Branded Channels and FVOD Included Programs; (d) the title of each FVOD Included Program; (e) the total number of aggregate views of each FVOD Included P...
STATEMENTS; REPORTS; SCHEDULES. Within thirty (30) days following the end of each month during the Term, Licensee shall provide to Licensor and its designee, if any, a statement in electronic form (“Statements”) detailing the information specified by Licensor from time to time including, but not limited to (a) the total number of Aircraft on which each Included Program was made available, (b) the total number of Aircraft on an Airline-by-Airline basis on which each Included Program was made available, (c) for each Included Program, the number of individual transactions by Passengers, and (d) such other information that Licensor may reasonably request and in any event no less than provided to any other supplier of content. Licensor may appoint a third party designee to receive or access the foregoing data for purposes of reorganizing or presenting such data as requested by Licensor provided that any such designee agrees to keep such information confidential.
STATEMENTS; REPORTS; SCHEDULES. Within 45 days following the end of each month, Licensee shall provide to Licensor a statement (“Statement”) in written form detailing the information specified by Licensor for the Licensed Service from time to time including, but not limited to, (a) the actual aggregate number of Subscribers to each Licensed Service and each Approved System on the last day of such month, (b) the number of Subscriber Transactions and Allowable Technical Credits for each Included Film for such month on each Licensed Service and each Approved System, (c) the Actual Retail Price and Deemed Retail Price per Subscriber Transaction for each Included Film on each Licensed Service and each Approved System for such month, (d) a calculation of the Licence Fees due and payable for each Included Film, (e) for each Approved System, the System Details (defined in Section 1.8) and (f) such other information that Licensor may reasonably request. In addition, Licensee shall send Licensor copies of each program guide as set forth in Section 12.2. At Licensor’s election, Licensor may appoint a third party designee to receive or access the foregoing data for purposes of reorganizing or presenting such data as requested by Licensor provided that any such designee agrees to keep such information confidential. Licensee shall provide to Licensor all relevant non-confidential results of any studies conducted by Licensee that pertain to the exhibition of films on a Pay-Per-View and Video-On-Demand basis, including, without limitation, focus group surveys and demographic studies. Licensor may make suggestions to Licensee regarding the direction of ongoing research.
STATEMENTS; REPORTS; SCHEDULES. Within thirty (30) days following the end of each quarter during the Term, Licensee shall provide to Licensor and its designee, if any, a statement in electronic form (“Statements”) detailing the information specified by Licensor from time to time including but not limited to the number of individual In-Seat TVOD and Personal Device TVOD transactions by Passengers, and such other information that Licensor may reasonably request. Licensor may appoint a third party designee to receive or access the foregoing data for purposes of reorganizing or presenting such data as requested by Licensor provided that any such designee agrees to keep such information confidential.
STATEMENTS; REPORTS; SCHEDULES. Within sixty (60) days following the end of each month during the Term, Licensee shall provide to Licensor, a statement (the “Statements”) both in written form and in Excel detailing the information specified by Licensor from time to time including, but not limited to (a) the Average Roombase for each Licensed Film with an Availability Date in such month, (b) the number of Subscriber Transactions (including date and time of each exhibition) for each Licensed Film for such month, (c) the gross receipts for each Licensed Film for such month, (d) the License Fees payable with respect to each Licensed Film for such month, (e) the Retail Price for each buy of each Licensed Film for such month, and (f) such other information that Licensor may reasonably request. In addition, Licensee shall send Licensor copies of each program guide as set forth in Section 11.1.3. In the event that Licensee makes available to any other content provider reports more frequently than Licensee is obligated to deliver reports hereunder, or that contain information that is not specified in this Section 16, Licensee shall offer to make the same reports available to Licensor on the same terms and conditions (if any).
STATEMENTS; REPORTS; SCHEDULES. 1Within forty-five (45) days following the end of each month of the Term, Licensee shall provide to Licensor and its designee, if any, a statement (“Statement”) detailing the information specified by Licensor for the Licensed Service from time to time including, but not limited to: (i) the total number of Subscriber Transactions for each Included Program made available by Licensor, (ii) the Subscriber Price applicable to each such Subscriber Transaction, (iii) the Distributor Price for each Included Program; (iv) the total number of Subscriber Transactions for all Included Programs made available by Licensor; and (v) the number of Technical Credits issued with respect to Included Programs. Licensee shall use commercially reasonable efforts to provide such other information that Licensor may reasonably request. Licensee shall make available Statements on a regular basis at Licensee’s expense on the same terms and conditions offered to other Qualifying Studios providing films for DHE exhibition on the Licensed Service. Licensee may further provide aggregate (anonymous) demographic information about Subscribers who engaged in each Subscriber Transaction if and when such information becomes available to Licensee, but in any event, if and when Licensee provides such information to any other Qualifying Studio (on the same terms and conditions offered to such other Qualifying Studios) providing films for DHE exhibition on the Licensed Service.
