Common use of Availability Date Clause in Contracts

Availability Date. The Availability Date for each Included Program shall be as determined by Licensor in its sole discretion; provided, that: The Availability Date for each Included Program shall be determined by Licensor in its sole discretion, provided, however, that the Availability Date for each Current Film shall be no later than the date on or after such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such Current Film available to any Other Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the Availability Date of up to ten percent (10%) of the Current Films licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) of each such Earlier Avail Title through any single Other Distributor on a one-off basis for VOD distribution in such Territory; provided, that: (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, in each such case, the Availability Date for such Current Film shall be no later than the date on which Licensor or any other SPE Entity makes such Current Film available to any other Other Distributor (i.e., on a non-exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; (c) except in the case where such single Other Distributor is an affiliate of Licensor, no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000); and (d) no more than half of all Earlier Avail Titles may be distributed on an exclusive early basis through an Other Distributor that is not an affiliate of Licensor.

Availability Date. The Availability Date for each Included Program shall be as determined by Licensor in its sole discretion; provided, that: The Availability Date for each Included Program shall be determined by Licensor in its sole discretion, provided, however, that the Availability Date for each Current Film shall be no later than the date on or after such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such Current Film available to any Other Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) of each such Earlier Avail Title through any aany single Other Distributor on a one-off basis for VOD distribution in such TerritoryTerritory (“Earlier Avail Title”); provided, that: (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, in each such case, the Availability Date for such Current Film shall be no later than the date on which Licensor or any other SPE Entity makes such Current Film available to any other Other Distributor (i.e., on a non-exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; and (c) except in the case event thatcase where such single Other Distributor is not an affiliate SPE Entity, the Applicable Percentage shall be five percent (5%), andan Affiliate of Licensor, no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000); ., and (d) no more than half of all Earlier Avail Titles may be distributed on an exclusive early basis through an Other Distributor that is not an affiliate Affiliate of Licensor.

Availability Date. The Availability Date for each Included Program shall be as determined by Licensor in its sole discretion; provided, that: The Availability Date for each Included Program shall be determined by Licensor in its sole discretion, provided, however, that the Availability Date for each Current Film shall be no later than the date on or after such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such Current Film available to any Other Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) of each such Earlier Avail Title through any a single Other Distributor on a one-off basis for VOD distribution in such TerritoryTerritory (“Earlier Avail Title”); provided, that: (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, in each such case, the Availability Date for such Current Film shall be no later than the date on which Licensor or any other SPE Entity makes such Current Film available to any other Other Distributor (i.e., on a non-non- exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; and (c) except in the case where event that such single Other Distributor is not an affiliate Affiliate of Licensor, the Applicable Percentage shall be five percent (5%), and no such Earlier Avail Title may have a North American box office of greater than Seventy-Seventy- Five Million dollars ($75,000,000); and . [Matt/▇▇▇▇▇/▇▇▇▇▇▇▇: Do we mean to limit ourselves to just one VOD partner with whom to do all of the up to 10% (dor 5%) no more than half of all Earlier Avail Titles may be distributed on an exclusive early basis through an Other Distributor that is not an affiliate of Licensorexclusives? Under our current agreement, we can do up to 10% early exclusives with any VOD partner so long as it’s just one partner per picture.]

Availability Date. The Availability Date for each Included Program shall be as determined by Licensor in its sole discretion; provided, that: The Availability Date for each Included Program shall be determined by Licensor in its sole discretion, provided, however, that the Availability Date for each Current Film shall be no later than the date on or after such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such Current Film available to any Other Distributor for VOD distribution in the applicable Territory. As used in this Section 3.3 only, “Home Video Street Date” shall mean the date on which such Current Film is first made available in the applicable Territory to the general public for sale or rental, whichever is earlier, in the DVD format. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) of each such Earlier Avail Title through any a single Other Distributor on a one-off basis for VOD distribution in such TerritoryTerritory (“Earlier Avail Title”); provided, that: (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, in each such case, the Availability Date for such Current Film shall be no later than the date on which Licensor or any other SPE Entity makes such Current Film available to any other Other Distributor (i.e., on a non-non- exclusive basis) for VOD distribution in such Territory; (b) Licensee shall not be required to carry any such Earlier Avail Title in the applicable Territory; and (c) except in the case where event that such single Other Distributor is not an affiliate SPE EntityAffiliate of Licensor, the Applicable Percentage shall be five percent (5%), and no such Earlier Avail Title may have a North American box office of greater than Seventy-Five Million dollars ($75,000,000); and (d) no more than half of all Earlier Avail Titles may be distributed on an exclusive early basis through an Other Distributor that is not an affiliate of Licensor.. [Matt/▇▇▇▇▇/▇▇▇▇▇▇▇: Do we mean to limit