Common use of Availability Date Clause in Contracts

Availability Date. 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. 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 to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) through a single Other Distributor on a one-off basis for VOD distribution in such Territory (“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) in the event that such single Other Distributor is not an 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). [Matt/Xxxxx/Xxxxxxx: Do we mean to limit VOD partner so long as it’s just one partner per picture.]

Availability Date. 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) through a aany single Other Distributor on a one-off basis for VOD distribution in such Territory (“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 event that thatcase where such single Other Distributor is not an SPE EntityAffiliate of LicensorEntity, the Applicable Percentage shall be five percent (5%), and 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). [Matt/Xxxxx/Xxxxxxx: Do we mean to limit VOD partner so long as it’s just one partner per picture.], 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 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. 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 to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) through a single Other Distributor on a one-off basis for VOD distribution in such Territory (“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) in the event that such single Other Distributor is not an SPE EntityAffiliate 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). [Matt/Xxxxx/Xxxxxxx: Do we mean to limit ourselves to just one VOD partner with whom to do all of the up to 10% (or 5%) early exclusives? 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 episode is (a) for “Days of Our Lives,” the date of its exhibition on the applicable U.S. Network and (b) for “The Young and the Restless,” one (1) business day prior to the date of exhibition on the applicable U.S. Network, as long as Licensor has approval from such U.S. Network as to such one day pre-release; provided that in the event of such U.S. Network disapproval, (a) Licensor shall exercise reasonable efforts to re-secure such U.S. Network’s approval, (b) upon written notice from Licensor that such U.S. Network re-approval cannot be determined obtained, Licensor shall have the right to renegotiate the License Fees hereunder (for both “The Young and the Restless” and “Days of Our Lives”), and (c) if, after at least sixty (60) days of such renegotiation, Licensor and Licensee cannot mutually agree to appropriate License Fees, Licensee shall have the right to terminate this Agreement by written notice delivered to Licensor in its sole discretionat least thirty (30) days prior to the effective date of termination, provided, however, that the Availability Date for each Current Film shall which such notice must be sent to Licensor no later than the date ninety (90one hundred twenty (120) days after Licensor’s notice that U.S. Network re-approval could not be obtained. License Period. The License Period for each Program episode commences 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. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the Availability Date and ends on the earliest of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films licensed hereunder in each Territory to provide for exclusive early distribution (i.e., distribution prior to the applicable Availability Date hereunder) through a single Other Distributor on a one-off basis for VOD distribution in such Territory (“Earlier Avail Title”); provided, that: (a) the foregoing shall not be used to frustrate end of the purposes of this AgreementBroadcast Year in which it had its Triggering U.S. Telecast, 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 the termination of this Agreement for any such Earlier Avail Title in the applicable Territory; reason permitted hereunder and (c) with respect to the Free/Basic TV Licensed Services (and corresponding Simulcast Licensed Services), after the completion of the Maximum Permitted Number of Exhibitions. Notwithstanding the foregoing sentence, Licensee may continue to exhibit such Program on the FOV/AVOD Catch-Up Licensed Services for the full FOD/AVOD Catch-Up Window set out in Section 6.3 herein, and for the full SVOD Standalone Window as set out in Section 6.4.1 herein, except in the event that such single Other Distributor is not an 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 earlier termination of greater than Seventy-Five Million dollars ($75,000,000). [Matt/Xxxxx/Xxxxxxx: Do we mean to limit VOD partner so long as it’s just one partner per picturethis Agreement for any reason permitted hereunder.]