Common use of 35mm Delivery Items Clause in Contracts

35mm Delivery Items. Any failure to deliver any 35mm Delivery Items including any Delivery Items that must be created from any 35mm element (whether or not such 35mm element is itself a Delivery Item) (a) unless at the relevant time there is a laboratory in the United States capable, in Completion Guarantor’s opinion, of creating commercially acceptable 35mm Delivery Items; or (b) if at the relevant time there is no laboratory in the United States capable, in Completion Guarantor’s opinion, of creating commercially acceptable 35mm Delivery Items but there is such a laboratory outside the United States, then the Budget specifically includes sufficient provision (or sufficient additional provision acceptable to Completion Guarantor is made by Producer or any person other than Completion Guarantor) to cover the costs of creating the 35mm Delivery Items at such laboratory and delivering them to each applicable Distributor.