SUMMARY OF DEFINED QUALITY FAILURES IN DCDAs
DISNEY - Quality Failure
Digital Title (engagement for more than 15 exhibitions using a projection system within the same theater complex in any week of such engagement)
1) During the first two weeks of booking
- MORE THAN 2 missed exhibitions (consecutive or not)
2) Anytime after the first two weeks of booking
- TWO OR MORE consecutive missed exhibitions
- MORE THAN 4 Total missed exhibitions (consecutive or not)
Alternative Content (engagement for 15 or fewer exhibitions using a projection system within the same theater complex in any week of such engagement)
1) A projection system malfunction resulting in any single missed exhibition.
Exclusions:
- Operator Error
- Power Outages
- Fire Alarm System Failures
-
Malfunction caused by an act or omission by or on behalf of distributor
- Content or Key packaging and encryption errors
- Content or Key delivery errors
- Failures by third parties with whom the Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
- Any cause beyond a party’s control - See the contract for specific events covered by this item.
SONY - Quality Failure
Digital Title - content which is booked for more than 15 showings on a screen, at any site, in a 7 day period.
1) 2 OR MORE - consecutive missed exhibitions of the same booking
2) 3 OR MORE - missed exhibitions of the same booking (consecutive or not)
Alternative Content - content which booked for less than or equal to 15 showings on a screen, at a site, in a 7 days period.
1) a malfunction, of any DCIP owned equipment or a breach of DCIP of its obligations under the SONY DCDA, resulting in any single missed exhibition.
Exclusions:
-
Operator Error or Exhibitor Error (an exception to this is a failure by DCIP to comply with maintenance and training obligations under Sony DCDA)
-
Power Outage or Utility Outages
-
Malfunction caused by any act (or omission by) on behalf of Sony and/or its Affiliates, agents, or subcontractors
- Content or Key Delivery Errors
- Failures by third parties with whom the Distributor has contracted directly to provide optional services (including any Affiliate of DCIP) necessary to exhibit Sony Digital Content
- Lamp and/or Reflector Failure where you can fix it by replacement
- Any cause beyond a party’s control - See the contract for specific events covered by this item.
PARAMOUNT - UNIVERSAL - WARNER BROTHERS - Quality Failure
Digital Title - version of a film theatrically released by the applicable studio in digital form.
1) MORE THAN 2 consecutive missed exhibitions of a Digital Title on a Projection System.
Exclusions:
- Operator Error
- Power Outages
- Fire Alarm System Failures
- Malfunction caused by any act (or omission) by or on behalf of Distributor
- Content or Key Packaging and Encryption Errors
- Content or Key Delivery Errors
- Any failures by third parties with whom Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
- Failure of any single disk drive (when part of a RAID array and that can be replaced)
- Lamp and/or Reflector Failure (that can be fixed by replacement)
- Any cause beyond a party’s control - See the contract for specific events covered by this item.
Fox - Quality Failure
Digital Title - version of a film theatrically released by the applicable studio in digital form.
1) 2 OR MORE - consecutive missed exhibitions of a Digital Title on a Projection System.
Exclusions:
- Operator Error
- Power Outage
- Fire Alarm System Failures
- Malfunction caused by any act (or omission) by or on behalf of Distributor
- Content or Key Packaging and Encryption Errors
- Content or Key Delivery Errors
- Any failures by third parties with whom Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
- Failure of any single disk drive (when part of a RAID array and that can be replaced)
- Lamp and/or Reflector Failure (that can be fixed by replacement)
- Any cause beyond a party’s control - See the contract for specific events covered by this item.
