Common use of High Definition Clause in Contracts

High Definition. 3.5.1 Unless otherwise authorized by Licensor in writing, Licensee shall distribute the Included Programs in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Included Programs in High Definition resolution by providing Licensee with written notice of which Included Programs are available for distribution in High Definition (which notice may be given in the Current Avail Notice or Library Avail List, as applicable, for such Included Program). 3.5.2 Notwithstanding anything to the contrary in Section 3.5.1 above, and except as set forth in Section 3.6 below, ifLicensor shall authorize Licensee to Transmit in High Definition resolution in the applicable Territory each and any Current Film and/or Library Film that Licensor or any other SPE Entity provides to any Other Distributor the right to exhibit any Included Program(s)makes available to any Other Distributor for distribution in High Definition resolution on an Electronic Rental basis (or provides to any other party the right to exhibit such Included Program(s) in High Definition resolution on a free-on-demand basis), then Licensor shall notify Licensee thereof (and any such disclosure shall be treated as confidential hereunder) and Licensee shall have the right to Transmit such Included Program(s) in High Definition resolution; provided, however, that:a VOD basis in such Territory. For clarity, this Section 3.5.2 shall not in any way be deemed to limit Licensor’s right to delay the Availability Date of up to 10% of Current Films hereunder in order to provide for earlier exclusive distribution through an Other Distributor, as more particularly provided in Section 3.3 of the Principal Terms. (a) with respect to any Early Avail Film that Licensee did not accept as an Early Avail Film pursuant to Section 3.7, the fact that an Early Avail Distributor has the right pursuant to the Early Avail Related Terms and Conditions to exhibit such Early Avail Film in High Definition resolution after such Early Avail Film’s Home Video Street Date shall not trigger the provisions of this Section 3.5.2; and (b) with respect to any Current Film that is not an Early Avail Film, in the event that: (i) Licensor granted a Permitted Exception to an Other Distributor that allowed such Other Distributor to have both (A) an earlier availability date and/or a Later License Period Expiration Date and (B) the right to exhibit such Current Film in High Definition resolution, and

High Definition. 3.5.1 Unless otherwise authorized by Licensor in writing, Licensee shall distribute the Included Programs in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Included Programs in High Definition resolution by providing Licensee with written notice of which Included Programs are available for distribution in High Definition (which notice may be given in the Current Avail Notice or Library Avail List, as applicable, for such Included Program). 3.5.2 Notwithstanding anything to the contrary in Section 3.5.1 above, and except as set forth in Section 3.6 below, ifLicensor shall authorize Licensee to Transmit in High Definition resolution in the applicable Territory each and any Current Film and/or Library Film that if Licensor or any other SPE Entity provides to any Other Distributor the right to exhibit any Included Program(s)makes available to any Other Distributor for distribution Program(s) in High Definition resolution on an Electronic Rental basis (or provides to any other party the right to exhibit such Included Program(s) in High Definition resolution on a free-on-demand basis), then Licensor shall notify Licensee thereof (and any such disclosure shall be treated as confidential hereunder) and Licensee shall have the right to Transmit such Included Program(s) in High Definition resolution; provided, however, that:a VOD basis in such Territory. For clarity, this Section 3.5.2 shall not in any way be deemed to limit Licensor’s right to delay the Availability Date of up to 10% of Current Films hereunder in order to provide for earlier exclusive distribution through an Other Distributor, as more particularly provided in Section 3.3 of the Principal Terms. (a) with respect to any Early Avail Film that Licensee did not accept as an Early Avail Film pursuant to Section 3.7, the fact that an Early Avail Distributor has the right pursuant to the Early Avail Related Terms and Conditions to exhibit such Early Avail Film in High Definition resolution after such Early Avail Film’s Home Video Street Date shall not trigger the provisions of this Section 3.5.2; and (b) with respect to any Current Film that is not an Early Avail Film, in the event that: (i) Licensor granted a Permitted Exception to an Other Distributor that allowed such Other Distributor to have both (A) an earlier availability date and/or a Later License Period Expiration Date and (B) the right to exhibit such Current Film in High Definition resolution, and