Common use of Films Clause in Contracts

Films. 2.1. Subject to the terms of this Agreement, Sony shall theatrically release each of the motion pictures listed as a Film below for presentation in an MFX-enabled manner. For purposes hereof, the “Films” shall be the MFX-enabled presentation of each of the following (and the MFX-enabled presentation of each of the following shall be a “Film”): (i) “The Amazing Spider-Man 2;” (ii) “The Equalizer;” and (iii) the currently untitled motion picture known as the 2014 ▇▇▇▇ ▇▇▇▇/▇▇▇▇▇ ▇▇▇▇ Project (currently known, for internal purposes only, as “Fury”). Notwithstanding anything to the contrary contained in this Agreement, the parties acknowledge that (A) all bookings of any Film are subject to Section 5.4 and (B) Sony may not have all theatrical distribution rights in all portions of the Territory and Sony shall have no obligations hereunder with respect to any portions of the Territory for which it does not control all theatrical distribution rights. 2.2. For the avoidance of doubt, Sony‟s obligations with respect to each Film shall be non- exclusive. Sony shall be entitled, in its unfettered discretion, to release the motion pictures that are being presented as Films in any and all formats, presentations, etc. that Sony may choose, including without limitation formats and/or presentations that may be considered to be similar to, or competitive with, MFX- enabled presentations and/or the Products hereunder.