Common use of DISPOSITION OF PREVIOUSLY VIEWED TAPES Clause in Contracts

DISPOSITION OF PREVIOUSLY VIEWED TAPES. a. Sale: For each Rental Picture, WHV may direct Blockbuster, as its licensee, to sell previously viewed tapes ("PVTs") to consumers pursuant to the following conditions: (i) For Rental Pictures with * (ii) For Rental Pictures with * (iii) Restriction on Sale of PVT's: In addition to and without limiting in any way the foregoing, the following restrictions shall apply on a title-by-title basis for all Rental Pictures: (B) Confidential material omitted and separately filed with the Commission under an application for confidential treatment. (iv) No Revenue Share: There shall be no revenue sharing between Blockbuster and WHV with respect to the proceeds from sales of PVTs by Blockbuster except *. (vi) In the event WHV changes its current practice with respect to directing Blockbuster to sell PVTs consistent with Subparagraphs (i)-(v) of 8.a. above ("Redirection"), the parties shall in good faith review and reduce WHV's Revenue Share effective with any Redirection, if necessary, to provide for the sharing on a pre-established * basis of revenues generated by Blockbuster under this Letter Agreement in excess of the revenues Blockbuster would have earned prior to the parties' revenue sharing relationship. The calculation of WHV's Revenue Share shall be based on historical data relating to revenues generated from the Rental Pictures during the prior year and shall be subject to audit. The Minimum Share shall be adjusted on a pro rata basis to reflect any new WHV Revenue Share percentage.

DISPOSITION OF PREVIOUSLY VIEWED TAPES. a. Sale: For each Rental Picture, WHV * may direct Blockbuster, as its licensee, to sell previously viewed tapes ("PVTs") to consumers pursuant to the following conditions: (i) For Rental Pictures with * (ii) For Rental Pictures with * (iii) Restriction on Sale of PVT's: In addition to and without limiting in any way the foregoing, the following restrictions shall apply on a title-by-title basis for all Rental Pictures: (B) Confidential material omitted and separately filed with the Commission under an application for confidential treatment. (iv) No Revenue Share: There shall be no revenue sharing between Blockbuster and WHV * with respect to the proceeds from sales of PVTs by Blockbuster except *. (vi) In the event WHV * changes its current practice with respect to directing Blockbuster to sell PVTs consistent with Subparagraphs (i)-(v) of 8.a. above ("Redirection"), the parties shall in good faith review and reduce WHV's * Revenue Share effective with any Redirection, if necessary, to provide for the sharing on a pre-established * basis of revenues generated by Blockbuster under this Letter Agreement in excess of the revenues Blockbuster would have earned prior to the parties' revenue sharing relationship. The calculation of WHV's * Revenue Share shall be based on historical data relating to revenues generated from the Rental Pictures during the prior year and shall be subject to audit. The Minimum Share shall be adjusted on a pro rata basis to reflect any new WHV * Revenue Share percentage.