Common use of Avail Term Clause in Contracts

Avail Term. The “Avail Term” during which Licensor shall be required to make titles available for licensing and Licensee shall be required to license titles hereunder consists of the Initial Avail Term together with the Extension Period, if any. The “Initial Avail Term” commences on [the Agreement Date] and terminates on [ , 2013]. Thereafter, the Initial Avail Term automatically extends for one successive 12-month period (the “Extension Period”) if Licensee has developed a plan towards launching an Ultraviolet enabled UV DHE electronic sell- through service during the Initial Avail Term and has made meaningful progress in implementing such plan during the Initial Avail Term, all as evidenced by reasonable documentation presented to Licensor at least 30 days prior to the expiration of the Initial Avail Term. Each 12-month period during the Avail Term beginning [upon the Agreement Date] is an “Avail Year,” with the first such Avail Year being “Avail Year 1,” and the second, if any, being “Avail Year 2.” It is acknowledged that the License Period for an Included Program may expire after the end of the Avail Term.

Avail Term. The “Avail Term” during which Licensor shall be required to make titles available for licensing and Licensee shall be required to license titles hereunder consists of the Initial Avail Term together with the Extension Period, if any. The “Initial Avail Term” commences on [the Agreement Date] and terminates on [ , 2013]. Thereafter, the Initial Avail Term automatically extends for one successive 12-month period (the “Extension Period”) if Licensee has developed a plan towards launching an Ultraviolet enabled UV DHE electronic sell- through service during the Initial Avail Term and has made meaningful progress in implementing such plan during the Initial Avail Term, all as evidenced by reasonable documentation presented to Licensor at least 30 days prior to the expiration of the Initial Avail Term. Each 12-month period during the Avail Term beginning [upon the Agreement Date] is an “Avail Year,” with the first such Avail Year being “Avail Year 1,” and the second, if any, being “Avail Year 2.” It is acknowledged that the License Period for an Included Program may expire after the end of the Avail Term.