New Pictures. (a) Subject to the terms and conditions of Prior Agreements and to subsections (b) and (c) below, all New Pictures will be premieres (i.e. there will not be any prior exhibition in the relevant territory except for home video) for the first Networks Window in each Networks territory except in Germany, Italy and, Spain. In Germany, Italy and Spain, except for mini-series, a minimum of 50% of all New Pictures will be premieres for the first Networks Window. Mini-series in Germany, Italy and Spain will be premieres at the discretion of Distribution.
New Pictures. (a) Subject to the terms and conditions of Prior Agreements and subject to subsections (b) and (c) below, all New Pictures will be premieres (i.e. there will not be any prior exhibition in the relevant territory except for home video) for the first Crown Media Window in each Crown Media territory except in Germany, Italy and, Spain. In Germany, Italy and Spain, except for mini-series, a minimum of 50% of all New Pictures will be premieres for the first Crown Media Window. Mini-series in Germany, Italy and Spain will be premieres at the discretion of Distribution.
New Pictures. For each New Picture, as soon as practicable, LIVE shall deliver to Summit (at LIVE's sole cost and expense) all documents and materials set forth on Schedule B. If any items which LIVE is required to deliver hereunder do not conform to requirements set forth on Schedule B, or if LIVE fails to deliver any such materials or documents, LIVE shall indemnify and hold Summit harmless (consistent with the indemnity provisions set forth in paragraph 13.j) against all claims and damages arising therefrom except for any claims and damages arising out of Summit's loss of any Agency Fees. Notwithstanding anything to the contrary in paragraph 0.xx, costs incurred by Summit in correcting deficient delivery items or in creating delivery items not delivered by LIVE are Recoupable Distribution Expenses hereunder. All publicity items set forth on Schedule B which are delivered by LIVE to Summit are for the purpose of servicing the relevant License Agreements. Summit shall not create any additional publicity materials without LIVE's Approval.
New Pictures. With respect to Reduced Back-End Pictures that are not Scheduled Pictures and that otherwise satisfy each of the Covered Picture Criteria, FilmCo shall have the right to elect to have such Reduced Back-End Picture be a Covered Picture. The election by FilmCo shall be made by FundCo on behalf of FilmCo. The election by FilmCo shall be in writing (as either an affirmative “Yes, include as a Covered Picture” or “No, the picture should be an Excluded Picture”) and shall be made no later than ten (10) Business Days following receipt by FilmCo of written notice (the “Excluded Picture Notice”) from LGF that a picture may be a Reduced Back-End Picture which notice shall also include a Calculation for such Picture and information substantially in the form of Schedule A. If FilmCo elects to have such Reduced Back-End Picture be a Covered Picture or fails to respond in writing with an election within the ten (10) Business Day period, then such picture shall be a Covered Picture for all purposes of the Transaction Documents. If FilmCo elects not to have such Reduced Back-End Picture be a Covered Picture then the Reduced Back-End Picture shall be an Excluded Picture for all purposes of the Transaction Documents. LG shall provide FilmCo with the Excluded Picture Notice any time earlier than sixty (60) days prior to the Initial Theatrical Release Date of such picture unless (x) the Initial Theatrical Release Date is earlier than sixty (60) days from the date LGF acquires an Acquired Picture that is a Reduced Back-End Picture, or (y) is within sixty (60) days from the date hereof, in which event LGF shall deliver the Excluded Picture Notice as soon as practicable. If after the date on which the Notice Materials are sent but before the Initial Investment Date (i) there is a change in the economic terms with respect to a Reduced Back-End Picture that is not a Scheduled Picture and such change based on the Calculation and the related information would reduce the amount of Adjusted Receipts payable to FundCo using the Calculation, or (i) with respect to a Reduced Back-End Picture that is not a Scheduled Picture there is an increase in the Purchase Price set forth on the Notice Materials by more than ***** of the amount of the Purchase Price set forth in the Notice Materials, then the procedure set forth in the Section 5.b shall be repeated.
