Deemed Retail Price definition

Deemed Retail Price for each Included Program shall be as set forth in the applicable Exhibit.

Deemed Retail Price means: (i) $3.99 for each Current Film; and (ii) $2.99 for each Library Film. For purposes of clarification, the VOD Deemed Retail Price shall be a net amount unreduced by any tax, levy or charge, the payment of which shall be the responsibility of Licensee.

Deemed Retail Price means the applicable amount set forth in the table below (where “LVR” means, for each Included Program, the date on which such Included Program is first made available in the Territory for sale to the general public in the standard DVD format): Current Film LVR HD 48 hours $5.99 Current Film LVR SD 48 hours $4.99 Current Film LVR HD 24 hours $4.99 Current Film LVR SD 24 hours $3.99 Current Film Post-LVR HD - $4.99 Current Film Post-LVR SD - $3.99 Library Film - HD - $43.99 Library Film - SD - $2.99 The following is added as Section 1.3[a] of Schedule A of the Agreement:

Examples of Deemed Retail Price in a sentence

• For each VOD Included Program during its License Period, the “VOD Per-Program License Fee” equals the product of the (a) the total number of VOD Customer Transactions for such VOD Included Program, multiplied by (b) the greater of the VOD Actual Retail Price and the VOD Deemed Retail Price for such VOD Included Program, multiplied by (c) the applicable VOD Licensor Share.

• For each Included Program during its License Period, the “Per-Program License Fee” shall be equal to the product of (i) the sum of each and every Customer Transaction with respect to such Included Program, (ii) Licensor’s Share and (iii) the greater of (y) the Actual Retail Price and (z) the Deemed Retail Price for each such Customer Transaction.

• Notwithstanding the foregoing, Licensor retains the right to increase the VOD Deemed Retail Price for Early Window Titles if Licensor makes such titles available to Licensee with enhanced offerings (e.g., 3D or bundled with DVD copies).

• The Deemed Retail Price and Licensor’s Share shall be as set forth below: Current Films with Availability Date 46 days or more after Home Video Street Date €3.99 €4.99 60% Current Films with Availability Date 31 days to 45 days after Home Video Street Date €3.

• For each VOD Included Program during its VOD License Period, the “VOD Per-Program License Fee” equals the product of the (a) the total number of VOD Customer Transactions for such VOD Included Program, multiplied by (b) the greater of the VOD Actual Retail Price and the VOD Deemed Retail Price for such VOD Included Program, multiplied by (c) the applicable VOD Licensor Share.

More Definitions of Deemed Retail Price

Deemed Retail Price shall have the meaning specified in Section 8.1 below.

Deemed Retail Price means the applicable amount set forth in the table below (where “LVR” means, for each Included Program, the date on which such Included Program is first made available in the Territory for sale to the general public in the standard DVD format): Current Film LVR HD 48 hours $5.99 Current Film LVR SD 48 hours $4.99 Current Film LVR HD 24 hours $4.99 Current Film LVR SD 24 hours $3.99 Current Film Post-LVR HD - $4.99 Current Film Post-LVR SD - $3.99 Library Film - HD - $3.99 Library Film - SD - $2.99

Deemed Retail Price means, subject to Sections 3.6 and 3.7: (i) for Included Programs purchased in Standard Definition resolution: (A) $3.99 for each Current Film, and (B) $2.99 for each Library Film; and (ii) for Included Programs purchased in High Definition resolution: (X) $4.99 for each Current Film, and (Y) $3.99 for each Library Film. For purposes of clarification, the Deemed Retail Price shall be a net amount unreduced by any tax, levy or charge, the payment of which shall be the responsibility of Licensee. With respect to each Territory, “Deemed Retail Price” for each Included Program shall be as set forth in the applicable Exhibit.

Deemed Retail Price means, as applicable, the amount of: (i) CAD $4.99 for each Current Film that is a Standard Definition Included Program on the VOD Licensed Service or Online Service (except as provided by Section 5.3 with respect to the Day and Date Pictures); (ii) CAD $3.49 for each Library Megahit that is a Standard Definition Included Program on the VOD Licensed Service or Online Service; (iii) CAD $ 6.99 for each Current Film that is a High Definition Included Program on the VOD Licensed Service or Online Service; (iv) CAD $4.99 for each Library Megahit that is a High Definition Included Program on the VOD Licensed Service or Online Service; (v) CAD $3.99 for each Current Film that is a Standard Definition Included Program on the PPV Licensed Service; and (vi) CAD $2.99 for each Library Megahit that is a Standard Definition Included Program on the PPV Licensed Service. The Deemed Retail Price is exclusive of Goods and Services Tax, Provincial Sales Tax, use, consumption and any other taxes or fees. No other deductions shall be allowed unless otherwise agreed. Licensor represents and warrants that it has not granted lower deemed retail prices for VOD or PPV services to any other licensee in the Territory. If Licensor grants lower deemed retail prices for VOD or PPV services to any other licensee in the Territory, then such lower deemed retail prices shall be offered to Licensee for the VOD and/or PPV Licensed Service.

Deemed Retail Price means (i) $3.99 for each Current Film in Standard Definition made available on the “standard” window Availability Date after its home video street date; (ii) $4.99 for each Current Film in High Definition made available on the “standard” window Availability Date after its home video street date; (iii) $2.99 for each Library Film in Standard Definition; and (iv) $3.99 for each Library Film in High Defintion. For purposes of clarification, the Deemed Retail Price shall be a net amount unreduced by any tax, levy or charge, the payment of which shall be the responsibility of Licensee.

Deemed Retail Price means the applicable amount set forth in the table below (except as provided by Section 5.3 with respect to the Day and Date Pictures). The Deemed Retail Price is exclusive of Goods and Services Tax, Provincial Sales Tax, use, consumption and any other taxes or fees. No other deductions shall be allowed unless otherwise agreed. Licensor represents and warrants that it has not granted lower deemed retail prices for VOD or PPV services to any other licensee in the Territory. If Licensor grants lower deemed retail prices for VOD or PPV services to any other licensee in the Territory (excluding lower deemed retail prices to any such licensee on a limited promotional basis), then such lower deemed retail prices shall be offered to Licensee for the VOD and/or PPV Licensed Service (for the avoidance of doubt, subject to Section 2.5 above). 3D Current Film CAD $6.99 CAD $6.99 N/A HD Current Film (non-3D) CAD $ 5.99 CAD $ 5.99 CAD $ 5.99 SD Current Film CAD $4.99 CAD $3.99 CAD $4.99 3D Library Megahit CAD$5.99 CAD $5.99 N/A HD Library Megahit (non-3D) CAD $4.49 CAD $4.49 CAD $4.49 SD Library Megahit CAD $3.49 CAD $2.99 CAD $3.49

Deemed Retail Price means, subject to Sections 3.6 and 3.7: (i) for Included Programs purchased in Standard Definition resolution: (A) $3.99 for each Current Film, and (B) $2.99 for each Library Film; and (ii) for Included Programs purchased in High Definition resolution: (X) $4.99 for each Current Film, and (Y) $3.99 for each Library Film. For purposes of clarification, the Deemed Retail Price shall be a net amount unreduced by any tax, levy or charge, the payment of which shall be the responsibility of Licensee.