5

Supply of Prints

5.1.1  primarily, the expected return from the exhibitor with respect to such supply, based (where available) on past box office returns from the exhibitor and any other relevant financial data and considerations;

5.1.2  the overall business relationship, including the existing supply arrangements, between that exhibitor and that distributor;

5.1.3  the geographical location of the exhibitor, provided that exhibitors located in the same geographical area will continue to be supplied subject to the other provisions of Section 5.1 and the provisions of Section 5.2 being satisfied;

5.1.4  the general condition and facilities of the cinema, including the auditorium, front of house, projection and audio facilities; and

5.1.5  the extent of any marketiing and promotional activities of the exhibitor which may be of benefit to the film.

5.2.1  the distributor's own assessment of the nature and quality of the film;

5.2.2  the audience to which the film is likely to appeal;

5.2.3  the other films expected to be released at the same time;

5.2.4  the time of the year the film will be released;

5.2.5  the film's anticipated life at the box office;

5.2.6  the proposed advertising support for the film;

5.2.7  the film's overseas box office performance;

5.2.8  the presence of any well regarded actors or directors involved with the film;

5.2.9  the requirements of the film's producer or other profit participants;

5.2.10  the level of any pre-release publicity; and

5.2.11  the nature of any film reviews.

5.3.1  the distributor will provide to the exhibitor; and

5.3.2  the exhibitor will provide to the distributor,

their respective good faith estimates of the expected return with respect to the supply of the print to that newly constructed, renovated or up-graded cinema.