Common use of Delivery Defined Clause in Contracts

Delivery Defined. “Delivery”, and any initially capitalized grammatical variation thereof, means tendering of and/or, if applicable, providing access through a laboratory access letter to, the Delivery Items by the applicable Delivery Date to each Distributor under the terms of the applicable Distributor Assignment and subject to the notice, inspection, cure, and arbitration procedures therein, if any. Notwithstanding anything herein contained to the contrary, (a) the Film will be conclusively deemed to have been Delivered to a Distributor if such Distributor shall, directly or indirectly, cause or authorize the exploitation or disposition of the Film by any means, in any media, and in any territory throughout the world (other than and excluding non-public festival/market screenings and/or private screenings to potential buyers) and (b) if pursuant to the terms of the Interparty Agreement or any Distributor Assignment the delivery of certain Delivery Items is subject to the Distributor’s prior payment of the cost to manufacture and/or ship such Delivery Items, then, except as may be provided in such Distributor Assignment, Completion Guarantor shall have no obligation to deliver any such Delivery Items sooner than the latter of either (i) the Delivery Date applicable to such Distributor as set forth herein or (ii) thirty