Current Films Clause Samples
The 'Current Films' clause defines which films are considered as presently active or relevant under the agreement. Typically, this clause lists or references specific titles, release windows, or production statuses to clarify which films are included. By clearly identifying the applicable films, the clause ensures that both parties understand the scope of their rights and obligations, preventing disputes over which films are covered by the contract.
Current Films. With respect to each Territory, Licensor shall make all Current Films available for licensing hereunder for the applicable Territory. Licensor shall timely notify Licensee of each Current Film’s Availability Date, License Period and available resolutions (e.g., HD, SD) in the applicable Territory (each such notification, a “Current Avail Notice”). If Licensee wishes not to license any particular Current Film(s) listed in a Current Avail Notice with respect to such Territory, Licensee shall so notify Licensor in writing within thirty (30) days after Licensee’s receipt of the Current Avail Notice for such Current Film(s). For clarity, the foregoing shall not limit in any manner whatsoever Licensee’s obligation to license the Minimum Licensing Commitment with respect to Current Films in accordance with Section 3.1 above.
Current Films. In the event that twenty-six (26) Current Films are not made available to Licensee pursuant to the immediately foregoing sentence by October 1, 2015, the parties shall review and discuss the Current Films which are available with respect to Avail Year 2, and in the further event that fewer than fifteen (15) Current Films are available for exhibition by Licensee for Avail Year 2, then the parties shall discuss in good faith a proportionate reduction of Included Program License Fees.
Current Films. For each Avail Year, all new releases including telefilms/direct-to- videos (“DTVs”) with Availability Dates during the Avail Term for which Licensor controls without restriction the necessary VOD rights in the included Territory.
Current Films. The DISH License Period for any Current Film shall mean a period commencing on its DISH Availability Date and ending no earlier than sixty (60) days and no later than one hundred twenty (120) days thereafter; provided, that, except as otherwise expressly set forth in this Agreement with respect to ‘tests’, in no event shall such DISH License Period begin later or end earlier than the General License Period for such Current Film. In addition, for clarity, in no event shall any Current Film be available via Free Television or Pay Television during such Licensed Picture’s DISH License Period hereunder.
Current Films. Licensor shall provide DISH with a Picture Availability Report for each Current Film available for licensing as Licensed Pictures hereunder not less than the earlier of ninety (90) days prior to the earliest General Availability Date set forth in such document; provided, that the foregoing shall not limit the provisions of Section 4.2 above in any manner whatsoever; and further provided that incidental, de minimus failures on the part of Licensor to provide such notice timely shall not be a breach of this Agreement. DISH shall provide Licensor with a Picture Confirmation Report no later than 60 days in advance of the corresponding Licensed Picture’s DISH Availability Date; provided, that in no event shall the failure of DISH to deliver such Picture Confirmation Report relieve DISH of any obligation hereunder; and further provided that incidental failures on the part of DISH to provide such report timely shall not be a breach of this Agreement.
Current Films. DISH shall license for exhibition on a VOD and PPV basis, as applicable, and subject always to Section 6.2: (i) via the Satellite PPV and Push VOD Distribution Systems, all Current Theatricals with Gross Domestic Box Office greater than or equal to $10 million; provided, however, that DISH shall not be obligated to license any such Current Films that are unrated or have an MPAA rating of “NC-17” if no other unrated or “NC- 17” rated titles of any other Major Studio are being exhibited on Licensed Service via the Satellite PPV and Push VOD Distribution Systems at such time; and (ii) via the IP VOD Distribution System, all Current Theatricals and, subject to Section 4.1.2 below, not fewer than one hundred twenty-five (125) Current DTVs in Term Year 1, one hundred fifty (150) Current DTVs in Term Year 2, and one hundred seventy-five (175) Current DTVs in Term Year 3. In the event that in a given Term Year Licensor makes available for licensing to DISH as Licensed Pictures hereunder a number of Current DTVs that exceeds the corresponding Term Year’s minimum commitment, then the Current DTVs to be licensed by Licensee for exhibition via the IP VOD Distribution System shall be selected by mutual agreement using maximization of revenues for each of Licensor and DISH hereunder as the basis for selection. If the parties fail to reach an agreement with respect to the foregoing, Licensee shall license the Current DTVs in the order in which their General Availability Dates occur. For clarity, DISH shall have the right (but not the obligation) to license for exhibition on a PPV and VOD basis via the Satellite PPV and Push VOD Distribution Systems, as applicable, (a) Current Theatricals with Gross Domestic Box Office less than $10 million or, if not otherwise required, no rating or “NC-17” rating, or (b) Current DTVs. Each Picture licensed by DISH pursuant to the immediately preceding sentence shall count towards satisfying DISH’s obligation to license a minimum number of Library Films equal to the Shortfall (as described below); provided, that DISH exhibits any such Picture under clause (a) in accordance with Section 6.2.1, and any such Picture under clause (b) in accordance with terms mutually agreed in writing.
Current Films. Licensor shall periodically notify Licensee as to the availability for licensing hereunder of each Current Film, together with its Availability Date, License Period and available resolutions (e.g., HD, SD) (each such notification, a “Current Avail Notice”). If Licensee wishes not to license any particular Current Film(s) listed in a Current Avail Notice, Licensee shall so notify Licensor in writing within thirty (30) days after Licensee’s receipt of the Current Avail Notice for such Current Film(s). For clarity, the foregoing shall not limit in any manner whatsoever Licensee’s obligation to license the Minimum Licensing Commitment with respect to Current Films in accordance with Section 3.1 above.