Common use of Testing Criteria Clause in Contracts

Testing Criteria. All test criteria with respect to Early Window Titles on Licensed Service is to be determined by Licensor in its sole discretion; provided that the test criteria will include the following: Licensor anticipates testing a variety of Early Window Availability Dates for Early Window Titles, provided that it will not test an Early Window Availability Date on a date that is less than six (6) weeks from the date of the “Widest Theatrical Release” for such Early Window Title in Canada nor more than 8 weeks after Widest Theatrical Release. Notwithstanding the foregoing, in the event that Licensor determines in its reasonable discretion that the marketing program for an Early Window Title is not aligned with the intent of the Early Window Test, Licensor shall have the option to move the initial availability date for all subsequent Early Window Titles to a date that that is more than 8 weeks after theatrical release. Unless Licensor notifies Licensee otherwise, the Early Window Availability Date for each Early Window Title will fall on a Wednesday. As used herein, “Widest Theatrical Release” shall mean the initial theatrical release of the Early Window Title in the Territory; provided that if the initial theatrical release is distributed as a “limited” theatrical release, such that the Early Window Title is made available only in select geographical areas within the Territory, then Widest Theatrical Release shall instead mean the materially expanded release that follows the limited theatrical release; provided further that if the Early Window Test is limited to the geographic area of the limited theatrical release, then Widest Theatrical Release shall mean the limited theatrical release. Licensor will provide Licensee with three weeks advance notice of the Early Window Availability Date of each Early Window Title. The public announce date for each Early Window Title will be no more than two weeks prior to the Early Window Availability Date. Each Early Window Title shall be made available on the Licensed Service to consumers for no fewer than fourteen (14) calendar days, which period will end at least four (4) weeks prior to the date of the DVD release for the applicable Early Window Title in the Early Window Territory.

Testing Criteria. All test criteria with respect to Early Window Titles on Licensed Service is to be determined by Licensor in its sole discretion; provided that the test criteria will include the following: Licensor anticipates testing a variety of Early Window Availability Dates for Early Window Titles, provided that it will not test an Early Window Availability Date on a date that is less than six (6) weeks from the date of the “Widest Theatrical Release” for such Early Window Title in Canada nor more morelater than 8 weeks and 6 days after Widest Theatrical Release. Notwithstanding the foregoing, in the event that Licensor determines in its reasonable discretion that the marketing program for an Early Window Title is not aligned with the intent of the Early Window Test, Licensor shall have the option to move the initial availability date for all subsequent Early Window Titles to a date that that is more than 8 weeks after theatrical release. Unless Licensor notifies Licensee otherwise, the Early Window Availability Date for each Early Window Title will fall on a Wednesday. As used herein, “Widest Theatrical Release” shall mean the initial theatrical release of the Early Window Title in the TerritoryTerritory or throughout the whole of the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇; provided that if the initial theatrical release is distributed as a “limited” theatrical release, such that the Early Window Title is made available only in select geographical areas (other than the whole of the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇) within the Territory, then Widest Theatrical Release shall instead mean the materially expanded release that follows the limited theatrical release; provided further that if the Early Window Test is limited to the geographic area of the limited theatrical release, then Widest Theatrical Release shall mean the limited theatrical release. Licensor will provide Licensee with three weeks advance notice of the Early Window Availability Date of each Early Window Title. The public announce date for each Early Window Title will be no more than two weeks prior to the Early Window Availability Date. Each Early Window Title VOD Term shall be made available on the Licensed Service to consumers for no fewer than fourteen (14) calendar days, which period will end at least four (4) weeks prior to the date of the DVD release for the applicable Early Window Title in the Early Window Territory. The parties agree that the first Early Window Title hereunder shall have an Early Window VOD Term equal to 28 days notwithstanding the fact that such Early Window VOD Term shall end less than four (4) weeks prior to the date of the DVD release for such Early Window Title in the Early Window Territory.

Testing Criteria. All test criteria with respect to Early Window Titles on Licensed Service is to be determined by Licensor in its sole discretion; provided that the test criteria will include the following: Licensor anticipates testing a variety of Early Window Availability Dates for Early Window Titles, provided that it will not test an Early Window Availability Date on a date that is less than six (6) weeks from the date of the “Widest Theatrical Release” for such Early Window Title in Canada nor more later than 8 weeks and 6 days after Widest Theatrical Release. Notwithstanding the foregoing, in the event that Licensor determines in its reasonable discretion that the marketing program for an Early Window Title is not aligned with the intent of the Early Window Test, Licensor shall have the option to move the initial availability date for all subsequent Early Window Titles to a date that that is more than 8 weeks after theatrical release. Unless Licensor notifies Licensee otherwise, the Early Window Availability Date for each Early Window Title will fall on a Wednesday. As used herein, “Widest Theatrical Release” shall mean the initial theatrical release of the Early Window Title in the TerritoryTerritory or throughout the whole of the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇; provided that if the initial theatrical release is distributed as a “limited” theatrical release, such that the Early Window Title is made available only in select geographical areas (other than the whole of the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇) within the Territory, then Widest Theatrical Release shall instead mean the materially expanded release that follows the limited theatrical release; provided further that if the Early Window Test is limited to the geographic area of the limited theatrical release, then Widest Theatrical Release shall mean the limited theatrical release. Licensor will provide Licensee with three weeks advance notice of the Early Window Availability Date of each Early Window Title. The public announce date for each Early Window Title will be no more than two weeks prior to the Early Window Availability Date. Each Early Window Title VOD Term shall be made available on the Licensed Service to consumers for no fewer than fourteen (14) calendar days, which period will end at least four (4) weeks prior to the date of the DVD release for the applicable Early Window Title in the Early Window Territory. The parties agree that the first Early Window Title hereunder shall have an Early Window VOD Term equal to 28 days notwithstanding the fact that such Early Window VOD Term shall end less than four (4) weeks prior to the date of the DVD release for such Early Window Title in the Early Window Territory.