DISPLAY THE VIDEO DISPLAY PROGRAM, (IV) ATTENDANCE FOR
SCREENS ON WHICH ADVERTISING SERVICES ARE PROVIDED (BY THEATRE AND IN TOTAL),
INCLUDING SEPARATE IDENTIFICATION OF ATTENDANCE FOR SCREENS ON WHICH ADVERTISING
SERVICES UNDER THE
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BEVERAGE AGREEMENT IS PROVIDED (IF DIFFERENT); (V) UPON LLC'S REQUEST,
IDENTIFICATION OF THEATRES IN WHICH ADVERTISING SERVICES ARE NOT PROVIDED, AND
THE ATTENDANCE AND NUMBER OF SCREENS AT SUCH THEATRES; (VI) ESTIMATED THEATRE
OPENING AND CLOSING DATES; AND (VII) SUCH OTHER INFORMATION DESCRIBED IN THE
SPECIFICATION DOCUMENTATION, AS SUCH MAY BE AMENDED FROM TIME TO TIME BY MUTUAL
AGREEMENT OF THE PARTIES;
(IX)
REGAL'S BUDGETED ATTENDANCE BY THEATRE (AND BY MONTH IF REGAL
BUDGETS ON A MONTHLY BASIS) FOR THE NEXT FULL FISCAL YEAR ONCE APPROVED BY
REGAL'S BOARD, AND; AND
(X)
SUCH OTHER INFORMATION REGARDING THE SERVICES AS LLC MAY
REASONABLY REQUEST FROM TIME TO TIME, AS REGAL AGREES TO PROVIDE IN ITS SOLE
DISCRETION;
(B)
LLC.
LLC AGREES THAT IT SHALL AT ALL TIMES DURING THE TERM
PROVIDE REGAL, AT LLC'S OWN COST EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT,
WITH THE FOLLOWING:
(I)
ON A WEEKLY BASIS, A REPORT OF COMPLIANCE BY EACH DIGITIZED
THEATRE WITH ON-SCREEN ADVERTISING REQUIREMENTS AND REASONS FOR ANY
NONCOMPLIANCE, INCLUDING A REPORT OF COMPLIANCE RELATING TO THE BEVERAGE
AGREEMENT (THE "BEVERAGE COMPLIANCE REPORT");
(II)
ON A WEEKLY BASIS, A REPRESENTATIVE PLAY LIST OF NATIONAL
ADVERTISING, WHICH LLC SHALL MAKE AVAILABLE NO LATER THAN TWO BUSINESS DAYS
PRIOR TO THE DAY ON WHICH THE PLAY LIST BE IMPLEMENTED;
(III)
ON A MONTHLY BASIS, A REPORT REGARDING LOCAL ADVERTISING.
(C)
CONFIDENTIALITY.
FOR THE AVOIDANCE OF DOUBT, INFORMATION MADE
AVAILABLE SUBJECT TO THIS SECTION 4.10 SHALL BE SUBJECT TO THE PROVISIONS OF
SECTION 14.01 (CONFIDENTIAL TREATMENT); PROVIDED HOWEVER, THAT LLC AGREES THAT
REGAL SHALL BE PERMITTED TO PROVIDE THE BEVERAGE COMPLIANCE REPORT TO ITS
BEVERAGE CONCESSIONAIRE.
REGAL AGREES TO BE INCLUDED IN ANY COMPLIANCE
REPORTING LLC PROVIDES TO ITS ADVERTISERS AND OTHER CONTENT PROVIDERS FOR PROOF
OF PERFORMANCE.
SECTION 4.11
TRAILERS. TRAILERS THAT ARE EXHIBITED IN THE THEATRES SHALL
NOT INCLUDE THE EXHIBITION OR DISPLAY OF ANY TRADEMARK, SERVICE MARK, LOGO OR
OTHER BRANDING OF A PARTY OTHER THAN THE FILM STUDIO(S), DISTRIBUTOR(S),
PRODUCTION COMPANY(IES); PROVIDED, HOWEVER, TRAILERS MAY INCLUDE INCIDENTAL
IMAGES OF PRODUCTS OR SERVICES WHICH APPEAR IN THE MOTION PICTURE (E.G., PRODUCT
PLACEMENTS).
SECTION 4.12
CUSTOMER ACCESS TO PRE-FEATURE PROGRAM.
REGAL SHALL USE
COMMERCIALLY REASONABLE EFFORTS TO PROVIDE AUDIENCES ACCESS TO THE THEATRE
AUDITORIUM FOR THE PRE-FEATURE PROGRAM OR TRADITIONAL CONTENT PROGRAM NOT LESS
THAN 20 MINUTES PRIOR TO SHOWTIME.
SECTION 4.13
EXCLUDED THEATRES; IMAX SCREENS.
(A)
EXCLUDED THEATRES.
REGAL SHALL HAVE THE RIGHT TO DESIGNATE ART
HOUSE AND DRAFT HOUSE THEATRES THAT FOR PURPOSES OF THIS AGREEMENT SHALL BE
"EXCLUDED THEATRES"; PROVIDED, HOWEVER, THAT THE AGGREGATE ANNUAL ATTENDANCE AT
ALL SUCH EXCLUDED THEATRES ON THE DATE OF
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DESIGNATION SHALL NOT EXCEED FOUR (4) PERCENT OF THE AGGREGATE ANNUAL ATTENDANCE
AT THE THEATRES.
THE LIST OF EXCLUDED THEATRES IDENTIFIED AS OF THE EFFECTIVE
DATE IS SET