Common use of Availability Date Clause in Contracts

Availability Date. The VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; provided, that the VOD Availability Date for each Current Film shall be no later than the date on or after the Home Video Street Date on which Licensor makes such film available for the “standard” residential Video-On-Demand window to all Other VOD Distributors for VOD distribution in the Territory. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) of the Current Films made available hereunder to provide for exclusive early distribution (i.e. distribution prior to the VOD Availability Date hereunder) through a single Other VOD Distributor on a one-off basis for VOD distribution in the Territory; provided, that, the foregoing shall not be used to frustrate the purposes of this Agreement, and, except in the case where such Other VOD Distributor is an affiliate of Licensor, shall not apply to any Current Film which had domestic (i.e., U.S. and Canada) gross box office receipts (as reported in Daily Variety) of $50 Million or more, and in each such case, the VOD Availability Date for such delayed Current Film shall be no later than the date on which Licensor makes such Current Film available to any other VOD Distributor (i.e., on a non-exclusive basis) for VOD distribution in the Territory.

Availability Date. The VOD Availability Date for each VOD 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 VOD Availability Date for each Current Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors 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 VOD Availability Date of up to ten percent (10%) of the Current Films made available licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) of each such Earlier Avail Title through a any single Other VOD Distributor on a one-off basis for VOD distribution in the such Territory; provided, that, : (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, except in the case where such Other VOD Distributor is an affiliate of Licensor, shall not apply to any Current Film which had domestic (i.e., U.S. and Canada) gross box office receipts (as reported in Daily Variety) of $50 Million or more, and in each such case, the VOD Availability Date for such delayed 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 VOD 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 VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; , provided, however, that the VOD Availability Date for each Current Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors Distributor for VOD distribution in the applicable Territory. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films made available licensed hereunder in each Territory to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) through a single Other VOD Distributor on a one-off basis for VOD distribution in the Territorysuch Territory (“Earlier Avail Title”); provided, that, : (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, except in the case where such Other VOD Distributor is an affiliate of Licensor, shall not apply to any Current Film which had domestic (i.e., U.S. and Canada) gross box office receipts (as reported in Daily Variety) of $50 Million or more, and in each such case, the VOD Availability Date for such delayed 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 VOD 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) in the event that such single Other Distributor is not an 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- Five Million dollars ($75,000,000). [Matt/▇▇▇▇▇/▇▇▇▇▇▇▇: 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 VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; provided, that the VOD Availability Date for that: (a) with respect to each Current Film shall be no later than the date on or after the Home Video Street Date on which Licensor makes such film available for the “standard” residential Video-On-Demand window to all Other VOD Distributors for VOD distribution in the Territory. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) of the Current Films made available hereunder to provide for exclusive early distribution (i.e. distribution prior to the VOD Availability Date hereunder) through a single Other VOD Distributor on a one-off basis for VOD distribution in the Territory; provided, thatthat is not an Early Avail Film, the foregoing shall not be used to frustrate the purposes of this Agreement, and, except in the case where such Other VOD Distributor is an affiliate of Licensor, shall not apply to any Current Film which had domestic (i.e., U.S. and Canada) gross box office receipts (as reported in Daily Variety) of $50 Million or more, and in each such case, the VOD Availability Date for such delayed Current Film shall be no later than the date on which Licensor or any other SPE Entity first makes such Current Film available to any other VOD Other Distributor; provided, however, that Licensor may make any such Current Film available to any Other Distributor in the Territory at an earlier time in exchange for more Favorable Economic Terms pursuant to and as expressly set forth in Section 3.6 below; and (i.e.b) with respect to each Early Avail Film, on a non-exclusive basisthe provisions of Section 3.7 below shall apply. For clarity: (i) in the event that Licensor offers an earlier availability date to Licensee pursuant to Section 3.6 or Section 3.7, and Licensee does not exercise its right to obtain such earlier availability date pursuant to Section 3.6 or Section 3.7 (as the case may be), then the Availability Date for such Current Film may be later than the availability date given to any Other Distributor that meets all of the Related Terms and Conditions offered to Licensee pursuant to Section 3.6 (or all of the Early Avail Related Terms and Conditions offered to Licensee pursuant to Section 3.7, as the case may be); and (ii) for VOD distribution in any Included Program that has been made available to any Other Distributor on an Electronic Rental basis prior to the TerritoryEffective Date shall have been identified as such by Licensor to Licensee and the Availability Date for such Included Program shall be the Effective Date.

Availability Date. The VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; , provided, however, that the VOD Availability Date for each Current Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors 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 VOD Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films made available licensed hereunder in each Territory (each, an “Earlier Avail Title”) to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) through a aany single Other VOD Distributor on a one-off basis for VOD distribution in the Territorysuch Territory (“Earlier Avail Title”); provided, that, : (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, except in the case where such Other VOD Distributor is an affiliate of Licensor, shall not apply to any Current Film which had domestic (i.e., U.S. and Canada) gross box office receipts (as reported in Daily Variety) of $50 Million or more, and in each such case, the VOD Availability Date for such delayed 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 VOD 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 event thatcase where such single Other Distributor is not an 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 of Licensor.

Availability Date. The VOD Availability Date for each VOD Included Program shall be as determined by Licensor in its sole discretion; , provided, however, that the VOD Availability Date for each Current Film shall be no later than the date on or after the such Current Film’s applicable Home Video Street Date on which Licensor or any other SPE Entity first makes such film Current Film available for the “standard” residential Video-On-Demand window to all any Other VOD Distributors Distributor for VOD distribution in the applicable Territory. Notwithstanding the foregoing, Licensor may elect, in its sole discretion, to delay the VOD Availability Date of up to ten percent (10%) (the “Applicable Percentage”) of the Current Films made available licensed hereunder in each Territory to provide for exclusive early distribution (i.e. i.e., distribution prior to the VOD applicable Availability Date hereunder) through a single Other VOD Distributor on a one-off basis for VOD distribution in the Territorysuch Territory (“Earlier Avail Title”); provided, that, : (a) the foregoing shall not be used to frustrate the purposes of this Agreement, and, except in the case where such Other VOD Distributor is an affiliate of Licensor, shall not apply to any Current Film which had domestic (i.e., U.S. and Canada) gross box office receipts (as reported in Daily Variety) of $50 Million or more, and in each such case, the VOD Availability Date for such delayed 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 VOD 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) 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/▇▇▇▇▇/▇▇▇▇▇▇▇: Do we mean to limit